Section 15.4 Called at Discretion of Court
Library | Civil Trial Practice 2015 Supp |
1. (§15.4) Called at Discretion of Court
In actions tried either in equity or at law to the court, the court may, in its sole discretion, submit any issue it deems appropriate to an advisory jury. Fein v. Schwartz, 404 S.W.2d 210 (Mo. App. E.D. 1966). The calling of an advisory jury is strictly within the trial court’s discretion, and failure to do so cannot constitute error. Id. at 228. If an advisory jury is empaneled, its task is to perform in a purely advisory capacity as to fact matters. Bouton v....
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- Section 15.1 Introduction and Scope
- Section 15.2 Procedure Generally
- Section 15.3 Court as Fact-Finder
- Section 15.4 Called at Discretion of Court
- Section 15.5 Effect of Verdict
- Section 15.6 Application of Rules of Evidence
- Section 15.7 Objections to Admissibility
- Section 15.8 Receipt of Excluded Evidence
- Section 15.9 Reopening of Record
- Section 15.10 Motion for Judgment
- Section 15.11 Nature and Purpose of Findings
- Section 15.12 Necessity of Request
- Section 15.13 Stipulated Facts
- Section 15.14 Preparation of Findings
- Section 15.15 Amendment of Findings
- Section 15.16 Effect of Findings
- Section 15.17 Availability of Review
- Section 15.18 Scope and Standard of Review: De Novo or Other
- Section 15.19 General Considerations
- Section 15.20 Admission of Evidence
- Section 15.21 Oral Argument
- Section 15.22 Preparation of Findings
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