Section 12.12 Withdrawal Instructions
| Library | Civil Trial Practice 2015 Supp |
I. (§12.12) Withdrawal Instructions
Withdrawal instructions are used to remove from the jury’s consideration false issues, improperly admitted evidence, or evidence of an abandoned issue. MAI 34.02 [1978 Revision] provides the form for most cases. MAI 34.03 [1969 New] and MAI 34.04 [1978 New] are intended for eminent domain and FELA cases, respectively.
The giving of a withdrawal instruction is not a matter of right; it is discretionary with the trial court. The description of the issue or evidence being...
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- Section 12.1 Philosophy of Missouri Approved Instructions
- Section 12.2 How and When to Submit Jury Instructions
- Section 12.3 Writing the Instructions
- Section 12.4 Explanatory Instructions
- Section 12.5 Burden of Proof
- Section 12.6 Damage Instructions
- Section 12.7 Definitions
- Section 12.8 Verdict-Directing Instructions
- Section 12.9 Affirmative Defense Instructions
- Section 12.10 Converse Instructions
- Section 12.11 Not-In-MAI Instructions
- Section 12.12 Withdrawal Instructions
- Section 12.13 Illustrations
- Section 12.14 Forms of Verdict
- Section 12.15 Comparative Fault Instructions
- Section 12.16 Prohibited Instructions
- Section 12.17 Objections at Trial
- Section 12.18 Appellate Review of Instructional Errors
- Section 12.19 Conclusion
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