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Missouri Court Rules
Missouri Rules of Civil ProcedureRules Governing Civil Procedure in the Circuit Courts
Rule 78 - New Trials-After-Trial Motions-Preservation of Error
Rule 78.08 - New Trial-Plain Errors May Be Considered

Mo. R. Civ. P. 78.08

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As amended through November 19, 2024
Rule 78.08 - New Trial-Plain Errors May Be Considered

Plain errors affecting substantial rights may be considered at a hearing on motion for a new trial, in the discretion of the court, though not raised in the motion or defectively raised, when the court finds that manifest injustice or miscarriage of justice has resulted therefrom.

Mo. R. Civ. P. 78.08

Adopted April 10, 1974, eff. 1/1/1975.

Committee Note - 1974

This is substantially the same as prior Rule 79.04 except that the reference to plain error being considered on appeal was deleted and placed in Rule 84.13(c).