Part I · Rule 70: Instructions · Last amended January 1, 2018 · Last verified July 22, 2026
In one sentenceRule 70.02 governs how parties request jury instructions, requires each one to be labeled as an MAI number, a modified MAI, or not in MAI, requires courts to give an applicable MAI instruction over any other on the same subject, and sets the timing of the instructions conference.
(a)Requests for Instructions. Any party may, and a party with the burden of proof on an issue shall, submit written requests for instructions on the law applicable to the issues. Requests shall be submitted prior to an instruction conference or at such time as the court directs. A party need not request a converse instruction until the court has indicated the verdict directing instruction expected to be given. The court may give instructions without requests of counsel. All instructions shall be submitted in writing and shall be given or refused by the court according to the law and the evidence in the case. Each instruction shall be submitted with an original and one copy for the court and one copy for each party. Each copy shall indicate whether it was prepared at the court’s direction or by which party it was tendered and shall contain a notation as follows:
‘MAI No. ______________________’ or ‘MAI No. ______________________ modified’ or ‘Not in MAI’ as the case may be.
(b)Form of Instructions. Whenever Missouri Approved Instructions contains an instruction applicable in a particular case that the appropriate party requests or the court decides to submit, such instruction shall be given to the exclusion of any other instructions on the same subject. Where an MAI must be modified to fairly submit the issues in a particular case, or where there is no applicable MAI so that an instruction not in MAI must be given, then such modifications or such instructions shall be simple, brief, impartial, free from argument, and shall not submit to the jury or require findings of detailed evidentiary facts.
(c)Violation of Rule—Effect. The giving of an instruction in violation of the provisions of this Rule 70.02 shall constitute error, its prejudicial effect to be judicially determined, provided that objection has been timely made pursuant to Rule 70.03.
(d)Converse Instruction—Effect of Requesting. The request of a converse instruction shall not be deemed to waive any objection to the instruction conversed.
(e)Instructions Conference and Record. The court shall hold an instructions conference on the record with counsel to determine the instructions to be given. The court shall inform counsel as to the instructions that are to be given prior to the time they are delivered to the jury. All instructions refused and all instructions given, including a record of who tendered them, shall be kept as a part of a record in the case. Counsel shall make specific objections on the record, out of the hearing of the jury, during the instructions conference. Prior to the instructions conference on the record, the court may conduct informal discussions with counsel regarding jury instructions. The court may correct clerical errors in instructions at any time prior to verdict.
(f)Instructions—How and When Given. After a jury has been sworn to try a case but before opening statements, the court shall read to the jury Missouri Approved Instructions 2.01, which shall be marked and given to the jury along with the other instructions at the close of the case but shall not be reread by the court. The court may give such other preliminary instructions during the trial as will assist the jury in understanding its role or the issues in the case. Agreement is not required for cautionary or withdrawal instructions during the trial. Final instructions in the case, submitting the law applicable to the case, shall be given prior to final arguments. Instructions that are to be given shall be consecutively numbered and all shall be given as instructions of the court. Except where otherwise provided in Missouri Approved Instructions, they shall be given in such order as the court shall deem advisable. The final instructions on the law governing the case shall be read to the jury by the court and provided to the jury in writing.
Amendment History
Amended May 20, 1964, eff. Jan. 1, 1965; Jan. 19, 1973, eff. Sept. 1, 1973; Renumbered from Rule 70.01 and amended April 7, 1977, eff. Dec. 1, 1977. Amended June 1, 1993, eff. Jan. 1, 1994; June 30, 2017, eff. Jan. 1, 2018.
Plain-English Summary
Rule 70.02 is the working engine behind how a Missouri civil jury gets its instructions. Any party may submit written requests for instructions on the applicable law, and a party carrying the burden of proof on an issue must do so. Every instruction, whether from a party or the court, gets submitted in writing with copies for the court and each party, and each copy must be labeled as an MAI number, a modified MAI, or not in MAI.
When Missouri Approved Instructions has an instruction that fits the case, that instruction must be given to the exclusion of any other instruction on the same subject. Where an MAI instruction needs modification to adequately submit the issues, or where no MAI instruction applies at all, the substitute instruction has to stay simple, brief, impartial, and free from argument, and it can't ask the jury to make detailed evidentiary findings. Giving an instruction that violates these standards is error, though the prejudicial effect gets judicially determined and only if a timely objection was made.
The rule also sets the rhythm of the trial itself. The court holds an on-the-record instructions conference with counsel to settle which instructions will be given, and counsel must state specific objections on the record, outside the jury's hearing, during that conference. After the jury is sworn but before opening statements, the court reads MAI 2.01 to the jury; final instructions on the applicable law come before closing arguments, are numbered consecutively, and are both read to the jury and provided in writing. Requesting a converse instruction doesn't waive an objection to the instruction it responds to.
Frequently Asked Questions
What is MAI and why does it matter for jury instructions?
MAI stands for Missouri Approved Instructions; when an MAI instruction applies to an issue in the case, Rule 70.02(b) requires it to be given to the exclusion of any other instruction on the same subject.
What must an instruction look like if there's no MAI pattern for it?
It must be simple, brief, impartial, free from argument, and it can't submit detailed evidentiary facts to the jury or require findings on them.
Does requesting a converse instruction waive my objection to the instruction it responds to?
No, Rule 70.02(d) says requesting a converse instruction doesn't waive any objection to the instruction conversed.
When does the court hold the instructions conference?
On the record, with counsel, to determine which instructions will be given, and the court must tell counsel which instructions will be given before they're delivered to the jury.
When is MAI 2.01 read to the jury?
After the jury is sworn but before opening statements; it's marked and given with the other instructions at the close of the case but isn't reread by the court at that point.
What happens if the court gives an instruction that violates this rule?
It constitutes error, with its prejudicial effect judicially determined, provided a timely objection was made under Rule 70.03.
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:MAI jury instructionsinstructions conferenceconverse instruction waivermodified MAI instructionfinal jury instructions timing