(a) Proposed Questions. A party seeking to inquire as to the litigation history of potential jurors shall make a record of the proposed initial questions before voir dire. Failure to follow this procedure shall result in waiver of the right to inquire as to litigation history.(b) Reasonable Investigation. For purposes of this Rule 69.025, a “reasonable investigation” means review of Case.net before the jury is sworn.(c) Opportunity to Investigate. The court shall give all parties an opportunity to conduct a reasonable investigation as to whether a prospective juror has been a party to litigation.(d) Procedure When Nondisclosure is Suspected. A party who has reasonable grounds to believe that a prospective juror has failed to disclose that he or she has been a party to litigation must so inform the court before the jury is sworn. The court shall then question the prospective juror or jurors outside the presence of the other prospective jurors.(e) Waiver. A party waives the right to seek relief based on juror nondisclosure of information that would be readily apparent from a reasonable investigation unless the party does the following before the jury is sworn:
(1) Conducts a reasonable investigation; and(2) Informs the court of the basis for believing that such nondisclosure has occurred.(f) Post-Trial Proceedings. A party seeking post-trail relief based on juror nondisclosure has the burden of demonstrating compliance with Rule 69.025(d) and Rule 69.025(e) and may satisfy that burden by affidavit. The court shall then conduct an evidentiary hearing to determine if relief should be granted.
Mo. R. Civ. P. 69.025
Adopted June 25, 2010; eff. January 1, 2011; amended September 29, 2020, eff. April 1, 2021.
