Section 13.29 Objection to Improper Argument

• Library: Civil Trial Practice 2015 Supp

AA. (§13.29) Objection to Improper Argument

It is the duty of counsel to make a prompt objection to improper argument during the argument and to obtain a ruling on it from the court. Stevens v. Wetterau Foods, Inc., 501 S.W.2d 494 (Mo. App. W.D. 1973); Larson v. Alton & S. R.R. Co., 431 S.W.2d 687 (Mo. App. E.D. 1968); Neavill v. Klemp, 427 S.W.2d 446 (Mo. 1968); Peters v. Henshaw, 640 S.W.2d 197 (Mo. App. W.D. 1982); Hulsey v. Schulze, 713 S.W.2d 873 (Mo. App. E.D. 1986); Matlock v. Midwest Waste Indus., Inc., 889 S.W.2d 56 (Mo. App. E.D. 1994); Glidewell v. S.C. Mgmt., Inc., 923 S.W.2d 940, 955 (Mo. App. S.D. 1996).

The objections to counsel’s argument must be specific and are insufficient when they do not call the attention of the trial court to the specific ground on which they are based. Samborski v. Price, 417 S.W.2d 205 (Mo. App. W.D. 1967). Improper prejudicial argument, upon proper objection, may be cured before the cause is submitted by counsel’s apology or withdrawal of statements or by instruction by the court. Jones v. Kansas City, Mo., 76 S.W.2d 340 (Mo. 1934). But see Marler v. Pinkston, 293 S.W.2d 385 (Mo. 1956), in which an objection requested that the jury be told to disregard the argument. The trial court only sustained the objection, but counsel asked no further relief, and it was held that the trial court did not abuse its...