Rule 71.06.Jury Shall Assess Amount of Recovery, When.
Part I · Rule 71: Verdicts · Last amended July 1, 1987 · Last verified July 22, 2026
Full Text of Rule 71.06
Amendment History
Amended Oct. 16, 1986, eff. July 1, 1987.
Official Comment
This Rule is Section 111 of the 1943 Code ( Section 510.270, RSMo 1959) with a new sentence added and provision made for counter-claims and cross-claims instead of “offsets.” This new sentence provides that the damages for personal injury and property damage be stated separately in the verdict. This will be of great help in cases involving subrogation rights and in tax computations. Compare: Rule 49, Federal Rules of Civil Procedure.
Plain-English Summary
Rule 71.06 pairs liability with a dollar figure. When a jury finds for the plaintiff in an action seeking only money, it must also assess the amount of recovery — the same goes for a defendant who prevails on a counterclaim, cross-claim, or other demand for money. A verdict that finds the total amount of damages and assesses percentages of fault satisfies this requirement.
The rule adds two separation requirements that make a verdict easier to use afterward. Exemplary or punitive damages, when the jury allows them, must be stated separately in the verdict instead of being folded into a single damages figure. And when a jury allows both personal-injury damages and property damages, the verdict must state the aggregate amount for each category separately.
Keeping personal-injury and property-damage amounts distinct matters beyond the courtroom — it helps with things like subrogation claims and tax computations, where the source of a damages award can carry different consequences.
Frequently Asked Questions
Does the jury decide both liability and the dollar amount in a money-damages case?
Yes, when the jury finds for the plaintiff in an action for recovery of money only, it must also assess the amount of recovery.
Must punitive damages be stated separately in the verdict?
Yes, when the jury allows exemplary or punitive damages, the amount must be separately stated in the verdict.
Does this rule apply to counterclaims and cross-claims?
Yes, it applies when the jury finds for a defendant on a counterclaim, cross-claim, or other demand for money.
Why does the rule require separating personal-injury and property damages?
Stating these aggregates separately assists with matters like subrogation rights and tax computations that depend on the source of the damages.
Does a comparative-fault verdict satisfy this rule's requirement to assess the amount of recovery?
Yes, a verdict meets the rule's requirements if the jury returns a finding of total damages and assesses percentages of fault.