Local Rule LCR 51: JURY INSTRUCTIONS
W.D. Wash. — Civil rule
LCR 51
JURY INSTRUCTIONS
(a) Reserved
(b) Reserved
(c) Reserved
(d) Reserved
(e) Joint Instructions
Twenty-one days before jury instructions are due, the parties shall exchange proposed jury instructions, verdict forms, and, if necessary, special interrogatories. Plaintiff is responsible for submitting proposed standard civil instructions and proposed instructions on any issue on which plaintiff bears the burden of proof. Defendant is responsible for submitting proposed instructions on any issue on which defendant bears the burden of proof. The parties shall confer with the objective of filing with the court one set of agreed-upon instructions, verdict forms, and interrogatories which addresses all elements of all claims and defenses in the case.
(f) Disputed Instructions
If the parties cannot agree on one complete set of instructions, verdict forms, and interrogatories, they shall file two documents with the court. The first document, titled "Joint Instructions," shall reflect all agreed-upon instructions, verdict forms, and interrogatories. The second document, titled "Joint Statement of Disputed Instructions," shall present each disputed instruction, verdict form, and/or interrogatories in the following order:
(1) At the top of the page, the proposed language shall be set forth with an identification of the party proposing it and a statement of any legal authority in support of the proposed language (not to exceed one page);
(2) Immediately following the proposed language and supporting legal authority, the opposing party shall set forth its alternative language, if any, and its objections to the proposed language along with any legal authority in support of the objections (not to exceed one page).
(g) Format
Each proposed instruction, whether filed jointly or under objection, shall be submitted on numbered paper. Each proposed instruction shall bear a unique instruction number and brief title at the top of the page. At the bottom of the page, the parties shall identify the source(s) of the proposed instruction if the source is a model or pattern jury instruction; otherwise, the parties must include other citations to relevant authority.
The parties shall propose instructions from the most recent version of the Manual of Model Jury Instructions for the Ninth Circuit (see www.wawd.uscourts.gov) wherever appropriate. If Washington State law is to be applied to a particular issue and the federal model instructions are not applicable, the parties shall advise the court of any applicable portion of the Washington Pattern Jury Instructions--Civil, and either propose that instruction or explain why the court should not give it. Any modifications to instructions taken from the above sources or from any other form instructions must be specifically noted such that the court and opposing parties are able to identify each modification. Any authority supporting the modification shall also be noted.
A table of contents shall be included with all jury instructions submitted to the court. The table of contents shall set forth the following information:
(1) the number of the instruction;
(2) a brief title of the instruction;
(3) the source of the instruction;
(4) the page number of the instruction; and
(5) the proposing party(ies).
(h) Filing
The "Joint Instructions" and any "Joint Statement of Disputed Instructions" shall be filed and shall be attached as a Word or WordPerfect compatible file to an email sent to the email orders address of the assigned judge pursuant to the court's electronic filing procedures. The assigned judge may impose additional requirements for submitting proposed jury instructions during a pre-trial conference, in the applicable case management order, or by other order. Further clarification may be obtained by reviewing the assigned judge's web page at http://www.wawd.uscourts.gov and/or by contacting the assigned judge's courtroom deputy.
(i) Copy of Instructions for Jury Use
The court will provide written copies of the instructions to the jury.