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....