Rule 71.06 – Jury Shall Assess Amount of Recovery, When

May 13, 2021 | Civil Procedure, Missouri

When a verdict shall be found for the plaintiff in an action for the recovery of money only, the jury shall also assess the amount of recovery; so, also, if they find for the defendant in case of a counterclaim, crossclaim or other demand for money. A verdict shall meet the requirements of this rule if the jury returns a finding of the total amount of the damages and assesses percentages of fault. When exemplary or punitive damages are allowed by the jury, the amount thereof shall be separately stated in the verdict. When both damages for personal injuries and damages to property are allowed by the jury, the verdict shall state separately the amount allowed for the aggregate of the items of damage connected with the personal injury and the amount allowed for the aggregate of the items of damage connected with the injury to the property.

Mo. R. Civ. P. 71.06

Amended Oct. 16, 1986, eff. July 1, 1987.

Committee Note – 1959

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.