Only one new trial shall be allowed on the ground that the verdict is against the weight of the evidence.
Rule 78.02.New Trial--Against Weight of Evidence--Limitation.
Part I · Rule 78: New Trials—After-Trial Motions—Preservation of Error · Last amended January 1, 1975 · Last verified July 22, 2026
In one sentenceRule 78.02 limits a party to only one new trial on the ground that the verdict is against the weight of the evidence, preventing repeated retrials on that same theory in a single case.
Full Text of Rule 78.02
Amendment History
Adopted April 10, 1974, eff. Jan. 1, 1975.
Official Comment
This is the same as the next to last sentence of prior Rule 78.01.
Plain-English Summary
Rule 78.02 is a short but pointed limitation on Rule 78.01's broad new-trial power. When the ground for a new trial is that the verdict runs against the weight of the evidence, a party gets one chance at it. Once that particular ground has produced a new trial, it cannot be used again to trigger another one in the same case.
The rule targets a specific type of challenge — a weight-of-the-evidence argument — instead of every possible ground for a new trial. A party is not barred from seeking a second new trial on a different, unrelated ground; the limitation applies only to repeated use of the weight-of-the-evidence theory.
The official comment notes that this provision carried over language from a prior rule's sentence structure, confirming that the one-new-trial limit on this ground is a settled feature of Missouri practice instead of a recent addition. The rule works alongside Rule 78.10's additur and remittitur provisions, which likewise cap how many times damages can be revisited on a weight-of-the-evidence basis.
Frequently Asked Questions
What exactly is limited to one occurrence under this rule?
A new trial granted on the specific ground that the verdict is against the weight of the evidence.
Does this rule limit new trials granted on other grounds?
No. It applies only to the weight-of-the-evidence ground; other grounds for a new trial are not capped by this rule.
What happens if a party tries to get a second new trial on the same weight-of-the-evidence theory?
The rule does not allow it — only one new trial is permitted on that ground in the case.
Does this rule apply to jury trials only?
The rule's text does not distinguish by trial type; it addresses new trials granted on the weight-of-the-evidence ground generally.
How does this rule relate to additur and remittitur?
Rule 78.10 contains a parallel limit, providing that neither the trial court nor the appellate court may award additur or remittitur more than once on the ground that damages are against the weight of the evidence.
Where did this limitation originate?
The official comment states it is the same as language from a prior version of Rule 78.01, so it is not a new restriction.
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: one new trial limitweight of the evidence new trialagainst the weight of the evidence Missourirepeated new trial motionsnew trial limitation