Rule 75.01.Judgments, Control by Trial Court.
Part I · Rule 75: Control of Judgments · Last amended July 1, 2025 · Last verified July 22, 2026
Full Text of Rule 75.01
Amendment History
Amended June 10, 1980, eff. Jan. 1, 1981; Amended Oct. 1, 2024, eff. July 1, 2025.
Official Comment
This rule is based upon Section 119 of the 1943 Code ( Section 510.370, RSMo 1959) but the first, third, and fourth sentences are taken from existing Rule 3.25, which permits vacation of a judgment. Compare: Rule 59(d), Federal Rules of Civil Procedure.
Plain-English Summary
A Missouri trial court does not lose all power over a case the instant it enters judgment. Rule 75.01 gives the court a built-in thirty-day window — subject to Rule 81.045 — during which it retains control over its own judgment. Within that period, after giving the parties a chance to be heard and for good cause, the court can vacate, reopen, correct, amend, or modify the judgment on its own.
The same thirty-day period lets the court order a new trial entirely on its own initiative, for any reason that would have justified granting a new trial if a party had asked for one. If the court does order a new trial this way, it must specify the grounds for doing so — it cannot grant a new trial without explaining the basis.
The rule also addresses what happens once an appeal is underway. After a notice of appeal is filed but before the record on appeal reaches the appellate court, the trial court — even after the initial thirty-day period has run — can still vacate, amend, or modify its judgment, but only if the parties stipulate to it and withdraw the appeal. Filing a notice of appeal does not shorten the thirty-day window for the trial court to order a new trial on its own initiative; that window closes only when the record on appeal is filed in the appellate court, or when the court shortens it under Rule 81.045.
Because Rule 74.06 offers separate, often longer-term paths to relief from a final judgment, Rule 75.01's thirty-day control period functions as the trial court's first and most flexible opportunity to fix its own judgment before the case moves fully into the post-judgment or appellate framework governed by that rule.
Frequently Asked Questions
How long does the trial court keep control over its judgment after entry?
Thirty days after entry of judgment, subject to Rule 81.045, during which the court may vacate, reopen, correct, amend, or modify the judgment for good cause after giving the parties an opportunity to be heard.
Can the trial court order a new trial without either party asking for one?
Yes. Within the same thirty-day period, the court may order a new trial on its own initiative for any reason that would have supported granting one on a party's motion, but it must specify the grounds in the order.
Does filing a notice of appeal cut short the court's thirty-day window?
No. The thirty-day period for the court to order a new trial on its own initiative is not shortened by filing a notice of appeal. It ends only when the record on appeal is filed in the appellate court, or when a shortening order is entered under Rule 81.045.
Can the trial court change its judgment after a notice of appeal is filed?
Yes, but only after the initial thirty-day period, and only if the parties stipulate to the change and withdraw the appeal, and only before the record on appeal is filed with the appellate court.
How does Rule 75.01 relate to Rule 74.06?
Rule 75.01 governs the trial court's own short-term power to revisit its judgment within thirty days of entry, while Rule 74.06 provides separate, often longer-available grounds for relief from a final judgment after that window has closed.