Committee Note – 1959

This Rule is the same as Section 107 of the 1943 Code (Section 510.230, RSMo 1959).

This rule is the same as original proposed Rule 22.02(a). Paragraph (b) of the proposed Rule 22.02 provided for a discretionary special verdict in the form of special findings on each issue of fact, and for submission to a jury of special interrogatories. Paragraph (b) is omitted for these reasons: (1) it is a radical change in the existing practice; (2) experience with similar provisions has not been uniformly satisfactory; (3) the Bar overwhelmingly opposed the discretionary special verdict system in all cases.

Compare: Rule 49, Federal Rules of Civil Procedure.

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