Counsel shall make specific objections to instructions considered erroneous. No party may assign as error the giving or failure to give instructions unless that party objects thereto on the record during the instructions conference, stating distinctly the matter objected to and the grounds of the objection. The objections must also be raised in the motion for new trial in accordance with Rule 78.07.
Rule 70.03.Objections to Instructions.
Part I · Rule 70: Instructions · Last amended January 1, 2018 · Last verified July 22, 2026
In one sentenceRule 70.03 requires a party to make specific objections to a jury instruction on the record during the instructions conference, stating distinctly the matter and grounds objected to, and to raise those objections again in the motion for new trial, or lose the right to assign the instruction as error.
Full Text of Rule 70.03
Amendment History
Amended May 20, 1964, eff. Jan. 1, 1965; Amended Jan. 19, 1973, eff. Sept. 1, 1973. Renumbered from Rule 70.02 April 7, 1977, eff. Dec. 1, 1977. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Jan. 1, 2018.
Plain-English Summary
Rule 70.03 sets the price of admission for challenging a jury instruction later on: counsel must object to it, on the record, during the instructions conference described in Rule 70.02. A vague complaint isn't enough — the party has to state distinctly the matter objected to and the grounds for the objection.
Making the objection at the conference isn't the last step. The rule also requires that the same objections be raised again in the motion for new trial, following Rule 78.07. A party who objects during the conference but drops the point in post-trial motions loses the ability to assign that instruction as error.
Skip the objection altogether — either giving an instruction or failing to give one — and Rule 70.03 bars a party from assigning that as error at all. The rule's specificity requirement and its double-preservation step, at the conference and again post-trial, are what keep an instruction issue alive for further review.
Frequently Asked Questions
When must I object to a jury instruction?
On the record during the instructions conference, before the instructions go to the jury.
Is a general objection enough to preserve an instruction issue?
No, the rule requires stating distinctly the matter objected to and the grounds for the objection.
Do I need to raise the same objection again after trial?
Yes, the objections must also be raised in the motion for new trial in accordance with Rule 78.07.
What happens if I don't object to an instruction at all?
No party may assign as error the giving of or failure to give an instruction unless that party objected on the record during the instructions conference.
Can I object informally before the instructions conference instead of on the record during it?
The rule requires the objection to be made on the record during the instructions conference itself; Rule 70.02(e) notes the court may hold informal discussions beforehand, but those don't substitute for the recorded objection.
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: objecting to jury instructionspreserving instruction error for appealinstructions conference objection requirementspecific objection to instructionwaiver of instruction error