Section 3.4 Objections to Jury Instructions

• Library: App Ct Prac 2015 Supp

C. (§3.4) Objections to Jury Instructions

Rule 70.03 provides that no party may assign as error the giving of or the failure to give instructions unless that party has made specific objections to the challenged instructions. Appellate review of instructional error is not preserved absent objection at trial. Emery v. Wal-Mart Stores, Inc., 976 S.W.2d 439, 445 (Mo. banc 1998). The language in Rule 70.03 provides that counsel shall make specific objections to the instructions considered erroneous, and the objections must state “distinctly the matter objected to and the grounds of the objection.” The objecting party does not need to tender a correct instruction to the trial court in order to preserve the issue. Bennett v. Owens-Corning Fiberglas Corp., 896 S.W.2d 464, 467 (Mo. banc 1995).

In order to preserve claims of instructional error for review, counsel must make specific objections to the instructions at trial and again raise the error in the motion for new trial. When an alleged error relating to an instruction differs from the objection made to the trial court, the error may not be reviewed on appeal...