(a) Proposed Questions. A party seeking to inquire as to the litigation history of potential jurors shall make a record of the proposed initial questions before voir dire. Failure to follow this procedure shall result in waiver of the right to inquire as to litigation history.
Rule 69.025.Juror Nondisclosure [Effective April 1, 2021].
Part I · Rule 69: Trial by Jury · Last amended April 1, 2021 · Last verified July 22, 2026
This rule prints two full, separately-dated versions in the official compilation (a pending or recent amendment straddle); both are shown below.
In one sentenceRule 69.025 requires a party to record proposed voir dire questions about a juror's litigation history, defines a reasonable investigation as checking Case.net before the jury is sworn, and conditions post-trial relief for juror nondisclosure on having raised the issue before the jury was sworn.
Full Text of Rule 69.025
Rule 69.025. Juror Nondisclosure [Effective April 1, 2021]. — Effective until April 1, 2021
(b) Reasonable Investigation. For purposes of this Rule 69.025, a “reasonable investigation” means review of Case.net before the jury is sworn.
(c) Opportunity to Investigate. The court shall give all parties an opportunity to conduct a reasonable investigation as to whether a prospective juror has been a party to litigation.
(d) Procedure When Nondisclosure is Suspected. A party who has reasonable grounds to believe that a prospective juror has failed to disclose that he or she has been a party to litigation must so inform the court before the jury is sworn. The court shall then question the prospective juror or jurors outside the presence of the other prospective jurors.
(e) Waiver. A party waives the right to seek relief based on juror nondisclosure if the party fails to do either of the following before the jury is sworn:
(1) Conduct a reasonable investigation; or
(2) If the party has reasonable grounds to believe a prospective juror has failed to disclose that he or she has been a party to litigation, inform the court of the basis for the reasonable grounds.
(f) Post-Trial Proceedings. A party seeking post-trial relief based on juror nondisclosure has the burden of demonstrating compliance with Rule 69.025(d) and Rule 69.025(e) and may satisfy that burden by affidavit. The court shall then conduct an evidentiary hearing to determine if relief should be granted.
Rule 69.025. Juror Nondisclosure [Effective April 1, 2021]. — Effective April 1, 2021
(a) Proposed Questions. A party seeking to inquire as to the litigation history of potential jurors shall make a record of the proposed initial questions before voir dire. Failure to follow this procedure shall result in waiver of the right to inquire as to litigation history.
(b) Reasonable Investigation. For purposes of this Rule 69.025, a “reasonable investigation” means review of Case.net before the jury is sworn.
(c) Opportunity to Investigate. The court shall give all parties an opportunity to conduct a reasonable investigation as to whether a prospective juror has been a party to litigation.
(d) Procedure When Nondisclosure is Suspected. A party who has reasonable grounds to believe that a prospective juror has failed to disclose that he or she has been a party to litigation must so inform the court before the jury is sworn. The court shall then question the prospective juror or jurors outside the presence of the other prospective jurors.
(e) Waiver. A party waives the right to seek relief based on juror nondisclosure of information that would be readily apparent from a reasonable investigation unless the party does the following before the jury is sworn:
(1) Conducts a reasonable investigation; and
(2) Informs the court of the basis for believing that such nondisclosure has occurred.
(f) Post-Trial Proceedings. A party seeking post-trial relief based on juror nondisclosure has the burden of demonstrating compliance with Rule 69.025(d) and Rule 69.025(e) and may satisfy that burden by affidavit. The court shall then conduct an evidentiary hearing to determine if relief should be granted.
Amendment History
Effective until April 1, 2021
Adopted June 25, 2010, eff. Jan. 1, 2011.
Effective April 1, 2021
Adopted June 25, 2010, eff. Jan. 1, 2011; Amended Sept. 29, 2020, eff April 1, 2021.
Plain-English Summary
Rule 69.025 addresses what happens when a prospective juror doesn't disclose a past involvement in litigation. A party who wants to ask about a potential juror's litigation history must record the proposed initial questions before voir dire begins — skipping that step waives the right to ask about litigation history at all. The rule then defines a reasonable investigation for these purposes as reviewing Case.net before the jury is sworn, and it requires the court to give every party the chance to conduct that investigation.
If a party has reasonable grounds to believe a prospective juror failed to disclose a litigation history, the party must tell the court before the jury is sworn, and the court then questions the juror or jurors outside the presence of the rest of the panel. A party who wants post-trial relief based on juror nondisclosure carries the burden of showing compliance with these investigation and disclosure steps, which can be shown by affidavit, and the court holds an evidentiary hearing to decide whether relief is warranted.
The rule exists in two versions, with the version effective April 1, 2021 revising the waiver standard in paragraph (e). The earlier version described waiver in terms of failing to do "either" of two things — conducting a reasonable investigation or informing the court of reasonable grounds. The 2021 version rephrases this as a conjunctive requirement: a party waives the right to relief for nondisclosure of information that would be readily apparent from a reasonable investigation unless the party both conducts that investigation and informs the court of the basis for believing nondisclosure occurred, all before the jury is sworn.
Frequently Asked Questions
What counts as a reasonable investigation of a juror's litigation history under this rule?
Review of Case.net before the jury is sworn.
When must a party raise a concern about juror nondisclosure?
Before the jury is sworn — a party with reasonable grounds to believe a prospective juror failed to disclose a litigation history must inform the court at that point.
What changed in the rule effective April 1, 2021?
The 2021 version rewords the waiver standard in paragraph (e), tying it to nondisclosure that would be readily apparent from a reasonable investigation and requiring the party to both investigate and inform the court, instead of the earlier version's disjunctive phrasing.
Can a party get post-trial relief for juror nondisclosure without having investigated before the verdict?
No — the party seeking relief must show compliance with the investigation and disclosure requirements in paragraphs (d) and (e), which apply before the jury is sworn.
What must a party show to get an evidentiary hearing on juror nondisclosure?
The party bears the burden of demonstrating compliance with Rule 69.025(d) and (e), which can be satisfied by affidavit, after which the court conducts the evidentiary hearing.
Does a party have to inquire into a juror's litigation history if it doesn't want to?
The rule addresses what happens when a party seeks to inquire into litigation history; it doesn't require every party to make such an inquiry.
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
Also known as: juror nondisclosure ruleCase.net juror investigationwaiver of juror nondisclosure claimprospective juror litigation history