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Rule 66.02.Separate Trial.

Part I · Rule 66: Consolidation of Civil Actions and Separate Trials · Last amended September 1, 1973 · Last verified July 22, 2026

In one sentenceRule 66.02 lets a court order separate trials of any claim, cross-claim, counterclaim, third-party claim, or issue when doing so serves convenience, avoids prejudice, or promotes expedition and economy.

Full Text of Rule 66.02

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The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.

Amendment History

Amended Jan. 19, 1973, eff. Sept. 1, 1973.

Official Comment

This is the same as prior Rule 66.02 with the addition of the following clause: “. . . or when separate trials will be conducive to expedition and economy . . .” Compare: Rule 42(b) of the Federal Rules of Civil Procedure.

Plain-English Summary

Rule 66.02 gives a court the flexibility to split a case into separate trials instead of resolving every claim and issue in one proceeding. The court may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, of any separate issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues, whenever separating them serves the convenience of the parties or the court, avoids prejudice to a party, or is conducive to expedition and economy. The rule’s history notes that the “expedition and economy” language was added to an earlier version of the rule, expanding the grounds beyond convenience and prejudice alone.

Ordering a separate trial does not eliminate any claim or issue; it only changes the order and grouping in which the case gets tried, letting a court isolate, for example, a threshold liability question from a more complicated damages inquiry, or separate a claim that risks prejudicing the jury against a party from the rest of the case.

Frequently Asked Questions

When can a court order separate trials in a Missouri civil case?

When doing so serves convenience, avoids prejudice to a party, or is conducive to expedition and economy.

What can be tried separately under this rule?

Any claim, cross-claim, counterclaim, third-party claim, a single separate issue, or any number of them.

Who decides whether to order separate trials?

The court, based on its own judgment about convenience, prejudice, or efficiency.

Why would a court order separate trials instead of one combined trial?

The rule lists avoiding prejudice to a party and serving expedition and economy as grounds, alongside general convenience to the parties or the court.

Does ordering separate trials dismiss any of the claims involved?

No, it only changes the sequence and grouping in which claims or issues are tried, not whether they remain part of the case.

Source & verification. Rule text and amendment history are reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the Supreme Court of Missouri. Last verified July 22, 2026. · Official source
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