Section 51 Plain Error Rule

• Library: Civil Trial Practice 2008 Supp Forms

. The plaintiff failed to make a submissible case for the jury, and the defendant, at the close of all the evidence, did not file a motion for directed verdict. If the verdict for the plaintiff is allowed to stand, a miscarriage of justice will result, and therefore, the defendant requests that the court review the evidence under the plain error rule.

COMMENT: Rule 78.08 cannot be invoked as an excuse for mere failure to object properly and timely or to invade the primary responsibility of orderly...