No issue shall be made, except such as shall be directed by the court.
Rule 71.04.Issues to be Made Only as Directed by Court.
Part I · Rule 71: Verdicts · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRule 71.04 limits the issues that go to a jury to only those the court directs, reinforcing the court's control over which disputed facts get framed as jury issues under the rule that precedes it.
Full Text of Rule 71.04
Official Comment
This Rule is the same as Section 109 of the 1943 Code ( Section 510.250, RSMo 1959).
Plain-English Summary
Rule 71.04 is a single, spare sentence, but it does important work alongside Rule 71.03. It confirms that no issue can be made for jury determination except one directed by the court. That reinforces the court's control, described in Rule 71.03, over which disputed facts get framed as issues for a jury to resolve.
Read together with Rule 71.03, this rule closes off any argument that a party can unilaterally frame an issue for the jury outside the court's direction. The court's decision to direct an issue is the exclusive gateway.
Frequently Asked Questions
Can a party frame their own jury issue without the court's direction?
No, the rule limits issues to those the court directs.
What rule does 71.04 work alongside?
Rule 71.03, which gives the court authority to direct an issue to be tried by a jury when necessary.
Does this rule give the court control over what issues reach the jury?
Yes, it confirms that only court-directed issues may be made.
Is there a separate procedure for requesting that an issue be tried?
The framing of an issue comes through the court's direction under Rule 71.03; Rule 71.04 doesn't add a separate party-initiated procedure.
What happens to an issue that wasn't directed by the court?
The rule's text doesn't permit such an issue to be made at all.
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 issues onlylimiting issues for jury trialno issue without court directionwho frames a jury issue