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Missouri Revised Statutes

Mo. Rev. Stat. § 510.330 (2026)

Granting of new trial

✓ current as of May 2026
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  510.330.  Granting of new trial. — A new trial may be granted for any of the reasons for which new trials have heretofore been granted.  A new trial may be granted to all or any of the parties and on all or part of the issues after trial by jury, court or referee.  On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact or make new findings, and direct the entry of a new judgment.  Only one new trial shall be allowed on the ground that the verdict is against the weight of the evidence.  Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted.

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(L. 1943 p. 353 § 115)

Notes of Decisions
Cited in 73 cases, 1951–2011 · leading case: Gentry ex rel. Gentry v. Douglas, 744 S.W.2d 788 (Mo. 1988).
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Gentry ex rel. Gentry v. Douglas, 744 S.W.2d 788 (Mo. 1988). · cites it 16× “He challenges the constitutionality of Section 510.330, RSMo 1986 and Rule 78.02.”
Drake v. Hicks, 261 S.W.2d 45 (Mo. 1953). · cites it 15× “Section 510.330, RSMo 1949, V.A.M.S. provides that every order allowing a new trial "shall specify of record the ground or grounds on which said new trial is granted.”
Bierman v. Langston, 304 S.W.2d 865 (Mo. 1957). · cites it 6× “, specifies a discretionary ground for granting the new trial, the memorandum purports to state that the reason for granting the new trial was a nondiscretionary one. The review in this court on appeal from an order granting a new trial is different in the two situations, and…”
Lomax v. Sawtell, 286 S.W.2d 40 (Mo. Ct. App. 1956). · cites it 6× “By timely order specifying as one of the grounds therefor [Section 510.330 RSMo *41 1949, V.A.M.S.] “that the verdict was against the weight of the credible evidence,” defendant’s motion for new trial was sustained.”
Underwood v. Brockmeyer, 318 S.W.2d 192 (Mo. 1958). · cites it 6× “Section 510.330, RSMo 1949, *194 V.A.M.S.”
Lupkey v. Weldon, 419 S.W.2d 91 (Mo. 1967). · cites it 6× “Section 510.330 RSMo 1959, V.A.M.S.; Supreme Court Rule 78.”
Moore v. Glasgow, 366 S.W.2d 475 (Mo. Ct. App. 1963). · cites it 4× “01 [Section 510.330] plainly directs that “(e)very order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted,” and Rule 83.”
Forester v. Clarke, 334 S.W.3d 581 (Mo. Ct. App. 2011). · cites it 6× “Discussion and Decision Defendant’s single point relied on states: The trial court erred and abused its discretion in granting [Plaintiffs] motion for new trial because it necessarily applied an inappropriate standard not intended by Section 510.330, RSMo, and Rule 78.02, Rules…”
Curtis v. Fruin-Colnon Contracting Co., 253 S.W.2d 158 (Mo. 1952). · cites it 3× “On Motion For Rehearing Or To Transfer To The Court En Banc. PER CURIAM. Plaintiff's motion for rehearing or to transfer to the Court en Banc is overruled.”
Ruckman v. Ruckman, 337 S.W.2d 100 (Mo. Ct. App. 1960). · cites it 7× “Again applying the aforesaid presumptions, it is reasonable to presume that the trial court was familiar with and relied on the authority of § 510.330 RSMo 1949, 32 V.Á.M.S., which, in part, provides as follows: “On a motion for a new trial in an action tried without a jury, the…”
Schmidt Ex Rel. Schmidt v. Allen, 303 S.W.2d 652 (Mo. 1957). · cites it 3× “2d 347 , 349 * * * Section 510.330 RSMo 1949, V.A.M.S. And its ruling upon that ground will not be disturbed, except in case of manifest abuse.”
Brown v. Moore, 248 S.W.2d 553 (Mo. 1952). · cites it 3× “Section 510.330 RSMo 1949 V.A.M.S., provides that a new trial may be granted on all or part of the issues after trial by jury.”
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