In all other cases, if at any time during the progress of any cause, it shall, in the opinion of the court, become necessary to determine any fact in controversy by the verdict of a jury, the court may direct an issue or issues to be made.
Rule 71.03.Court May Direct Issues to be Made, When.
Part I · Rule 71: Verdicts · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRule 71.03 lets the court, in cases not otherwise governed, direct that an issue or issues be tried to a jury whenever the court decides it has become necessary during the case to determine a disputed fact by a jury's verdict.
Full Text of Rule 71.03
Official Comment
This Rule is the same as Section 108 of the 1943 Code ( Section 510.240, RSMo 1959).
Plain-English Summary
Rule 71.03 addresses situations that fall outside the general and special verdict framework of the preceding rules. In those other cases, if it becomes necessary at any point in the litigation, in the court's opinion, to determine a disputed fact through a jury's verdict, the court may direct that an issue or issues be made and tried.
The decision to frame such an issue rests with the court's own assessment of necessity as the case unfolds, instead of following automatically from the type of claim involved, as it does under Rule 71.02.
Frequently Asked Questions
When can a court direct that an issue be tried to a jury under this rule?
Whenever it becomes necessary, in the court's opinion, at any point during the case, to determine a disputed fact by a jury's verdict.
Does a party get to demand that this type of jury issue be tried?
The rule frames this as the court directing that an issue be made, based on its own assessment of necessity.
How does this rule differ from the general verdict required by Rule 71.02?
Rule 71.02 requires a general verdict automatically in money and specific-property cases; Rule 71.03 instead lets the court direct an issue for jury determination in other cases as the need arises.
Who decides whether an issue needs a jury determination under this rule?
The court.
Does this rule apply to every type of civil case?
It applies to cases other than those already covered by the verdict rules that precede it, such as Rule 71.02.
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: court directed jury issueframing an issue for jury trialissue directed to a jurynecessity for a jury issue