Mo. Rev. Stat. » Chapter 527
Missouri Revised Statutes

Mo. Rev. Stat. § 527.090 (2026)

Jury trial

✓ current as of May 2026
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  527.090.  Jury trial. — When a proceeding under sections 527.010 to 527.130 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

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(RSMo 1939 § 1134)

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1953–2021 · leading case: Payne v. Cunningham, 549 S.W.3d 43 (Mo. Ct. App. 2018).
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Payne v. Cunningham, 549 S.W.3d 43 (Mo. Ct. App. 2018). · cites it 4× “y and refused to join Appellants' suit for breach of contract, (2) they had no adequate remedy at law because the transaction required ongoing collaboration with Sellers, (3) they made a submissible case for breach of contract warranting specific performance, particularly in…”
Fid. & Cas. Co. of New York v. W. Cas. & Sur. Co., 337 S.W.2d 566 (Mo. Ct. App. 1960). · cites it 5× “Statutory authority for the submission of any issues of fact to a jury are found in § 527.090 RSMo 1949, V.A.M.S. It is well settled that for a case to be the proper subject for a declaratory judgment action, a justiciable controversy must exist which admits of specific relief…”
State Ex Rel. Chase Resorts, Inc. v. Campbell, 913 S.W.2d 832 (Mo. Ct. App. 1995). · cites it 2× “Nor do we find any right to a jury trial in these circumstances by reason of the Declaratory Judgment Act, § 527.090, RSMo 1994, which provides: When a proceeding under sections 527.”
Turnbull v. Car Wash Specialties, LLC, 272 S.W.3d 871 (Mo. Ct. App. 2008). · cites it 5× “” Section 527.090 RSMo 2000. Thus, in a trial on a petition for declaratory judgment, the court must determine what issues should be tried to the court and what issues should be reserved for the jury’s determination.”
K.D.R. v. D.E.S., 637 S.W.2d 691 (Mo. 1982). · cites it 7× “The father appealed to the court of appeals, western district, and, as stated above, the cause was subsequently ordered transferred to this Court. Appellant contends this is a declaratory judgment action brought pursuant to Chapter 527, RSMo 1978, and that he is entitled to a…”
MFA Mut. Ins. Co. v. Quinn, 259 S.W.2d 854 (Mo. Ct. App. 1953). · cites it 3× “135435, was issued June 29, 1948, for a period ending December 29, 1948, "and for terms of such duration thereafter as the required renewal premium is paid by the insured on or before expiration of the current term and accepted by the company.”
Durwood v. Dubinsky, 291 S.W.2d 909 (Mo. 1956). · cites it 4× “We shall consider the correctness of the reference of each count in the order in which the issues were first raised by the pleadings. Count I corresponded with the original petition and sought relief in the form of a declaratory judgment.”
Miller v. Russell, 593 S.W.2d 598 (Mo. Ct. App. 1979). · cites it 2× “These concepts merely serve to assure minimum rights. Both by statutes and by judicial interpretation, jury trials have been made available in expanded areas beyond those protected by the constitutional guarantee.”
Collins v. Jenkins, 821 S.W.2d 892 (Mo. Ct. App. 1992). · cites it 5× “On appeal, the Supreme Court of Missouri held the paternity issue was purely a fact question, hence the putative father had a right to jury trial under § 527.090, RSMo 1978 (a provision of the Declaratory Judgment Act).”
West Lake Quarry & Material Co. v. City of Bridgeton, 761 S.W.2d 749 (Mo. Ct. App. 1988). · cites it 3× “In its final point, the City asserts that it was entitled to a jury trial pursuant to RSMo § 527.090 (1986). Section 527.090 provides for a jury trial in declaratory judgment actions involving the determination of issues of fact in the same manner as issues of fact are tried and…”
Hudson v. Jones, 278 S.W.2d 799 (Mo. Ct. App. 1955). · cites it 2× “080, and for trial of the issues of fact by a jury by Section 527.090. Thus, if the obligations of the defendants under the contract and deed be found as claimed in the petition, the court could, under the statutes cited, conduct a jury determination of the issue of any…”
Farmers All. Mut. Ins. Co. v. Reed, 530 S.W.2d 470 (Mo. Ct. App. 1975). · cites it 2× “; § 527.090 V.A.M.S.; MFA Mutual Insurance Company v.”
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