Rule 78.03.Order Granting New Trial Shall Specify Grounds.
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 78.03
Amendment History
Adopted March 29, 1974, eff. Jan. 1, 1975.
Official Comment
This is the same as the last sentence of prior Rule 78.01.
Plain-English Summary
Rule 78.03 requires transparency at the moment a new trial is ordered. It is not enough for a judge to grant the motion without more. The order must specify, on the record, the ground or grounds behind the decision.
This requirement matters for the parties and for any later appeal. Both sides need to know exactly why the case is being retried, whether that is an evidentiary problem, an instructional error, or something else covered under Rule 78.01's good-cause standard. A clearly stated ground also lets an appellate court evaluate whether granting the new trial was the correct call, since review would otherwise have to guess at the reasoning behind the order.
The official comment identifies this requirement as carrying forward language from the last sentence of a prior version of the new-trial rule, confirming that stating grounds of record has long been part of Missouri's new-trial practice instead of a recent procedural add-on. It pairs directly with Rule 78.02's limit on repeat new trials for the weight-of-the-evidence ground — a court cannot apply that limit consistently unless its earlier orders clearly identify which ground was used.
Frequently Asked Questions
What must an order granting a new trial include?
It must specify of record the ground or grounds on which the new trial is granted.
Is a bare grant of a new trial motion, without stated reasons, sufficient?
No. The rule requires the specific ground or grounds to appear on the record.
Why does the rule require the grounds to be stated?
It lets the parties and any reviewing court understand the actual basis for the new trial instead of having to infer it.
Does this rule apply to orders denying a new trial?
The rule's text addresses orders allowing a new trial; it does not impose the same requirement on an order that denies one.
How does this rule connect to the one-new-trial limit in Rule 78.02?
Because Rule 78.02 caps new trials granted on the weight-of-the-evidence ground, a clearly stated ground under this rule is what allows that limit to be tracked and enforced.
Where does this requirement come from?
The official comment traces it to the last sentence of a prior version of the new-trial rule, so it reflects long-standing Missouri practice.