Section 14.26 Failure to Specify Reasons for New Trial

• Library: Civil Trial Practice 2015 Supp

A. (§14.26) Failure to Specify Reasons for New Trial

A trial court is required to specify its reasons for granting a new trial. The purpose for requiring specificity is to define the reasons for granting a new trial and thus limit the issues cognizable on appeal. Hiers v. Lemley, 834 S.W.2d 729, 731 (Mo. banc 1992). If the court fails to specify its reasons, the appellate court:

· may not indulge in any presumption that the new trial was granted on discretionary grounds;

· presumes that the motion for new trial was granted erroneously;

· places the burden on the respondent to demonstrate on the record that there was reversible error; and

· confines the respondent to error specified in both its motion for new trial and its brief.

Northeast Mo. Elec. Power Coop. v. Todd,401 S.W.2d 161, 162 (Mo. App. E.D. 1966).

The purpose of Rule 78.03, requiring the order of the trial court to specify grounds on which a new trial is granted, is to define and limit issues on appeal and thereby conserve judicial and legal time, promote clarity, and establish reasonable limits to the scope of judicial decisions by confining the appeal to specific issues. Hightower v. Hightower, 590 S.W.2d 99, 103 (Mo. App. W.D. 1979). The effect of granting a...