Rule 78.01.Granting a New Trial.
Part I · Rule 78: New Trials—After-Trial Motions—Preservation of Error · Last amended January 1, 1975 · Last verified July 22, 2026
Full Text of Rule 78.01
Amendment History
Adopted April 10, 1974, eff. Jan. 1, 1975.
Official Comment
The source is prior Rule 78.01. In revising prior Rule 78.01, there is no intention to eliminate any of the reasons for which new trials heretofore have been granted or to change the law concerning the grounds for granting a new trial. The revision has been made solely to make the Rule more concise. Compare: Rule 59(a) of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 78.01 is the foundation of Missouri's new-trial practice. It gives the trial court broad authority to grant a new trial "upon good cause shown," without listing every specific ground that might qualify. The official comment makes clear that this brevity was a drafting choice, not a substantive cutback — the revision aimed to state the power more concisely, not to eliminate any of the traditional reasons a new trial might be warranted.
The rule also builds in flexibility about scope. A new trial can be granted to all the parties or only some of them, and it can cover all the issues in the case or only part of them. That means a court is not forced into an all-or-nothing choice; it can order a new trial limited to the specific issue or specific party where the problem occurred, leaving the rest of the judgment intact.
For cases tried without a jury, the rule offers an alternative path that does not require a full retrial. On a motion for new trial in a bench-tried case, the court may open a judgment already entered, take additional testimony, amend its findings of fact or make new ones, and then direct entry of a new judgment. This gives a trial judge in a non-jury case a lighter-weight tool to correct or update the outcome without starting over.
Because the rule sets only the framework, the more detailed mechanics that surround it — how many new trials are allowed on a weight-of-the-evidence theory, what an order granting a new trial must say, and how a motion must be framed to preserve error — appear in the rules immediately following, Rule 78.02 through Rule 78.10.
Frequently Asked Questions
What standard must be met to get a new trial under this rule?
The rule requires 'good cause shown.' It does not enumerate specific grounds, leaving the trial court to evaluate the reason presented.
Can a new trial be limited to just one party or one issue?
Yes. The rule expressly allows a new trial to be granted to all or any of the parties, and on all or part of the issues.
Does this rule apply to cases tried by a jury, a court, or a master?
All three. The rule covers new trials after trial by jury, by the court, or by a master.
What can a court do instead of ordering a full new trial in a non-jury case?
It may open the existing judgment, take additional testimony, amend or make new findings of fact, and direct entry of a new judgment.
Does Rule 78.01 change what grounds justify a new trial?
According to the official comment, no. The revision was intended to make the rule more concise, not to change the substantive grounds available.
How does this rule relate to the filing deadline for a new-trial motion?
Rule 78.01 authorizes the relief; Rule 78.04 sets the deadline for filing the motion that asks for it.