Section 12.4 Explanatory Instructions

• Library: Civil Trial Practice 2015 Supp

A. (§12.4) Explanatory Instructions

Explanatory instructions must be given in every case. They apply to all claims submitted in every case, including multi-claim cases submitted in separate packages. They are given separately as general instructions. MAI 2.01 [2002 Revision] (Explanatory Instruction for All Cases); MAI 2.02 [1980 Revision] (Facts Not Assumed); MAI 2.03 [1980 New] (Explanatory—Order of Instructions); MAI 2.04 [1981 Revision] (Explanatory—Return of Verdict). All four of these instructions are mandatory. Brannaker v. Transamerican Freight Lines, Inc., 428 S.W.2d 524 (Mo. 1968) (error not to give MAI 2.02).

Generally, there will be no need to tailor these instructions except to change the words “plaintiff” and “defendant” in MAI 2.01 [2002 Revision] when they should be plural, and to change MAI 2.04 [1981 Revision] when there is more than one verdict form for the jury to complete. In some cases, such as will contests, MAI 2.01 may need to be modified to account for a different order of proof. See Notes on Use No. 1. Also, it is necessary to modify MAI...