Skip to main content

Rule 51 Argument; Instructions to Jury

VI. Trials

(a) Time for Argument. More than one hour on a side will not be allowed for argument to the jury, without leave granted before argument; and the court may limit argument to a less time.

(b) Instructions to Jury; Objections. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. Prior to the parties’ arguments to the jury, the court must provide them with a copy of its proposed jury instructions and include a copy in the record, inform them of its action upon any requests, and give them the opportunity to state any objections to the proposed instructions on the record out of the hearing of the jury. The court, at its election, may instruct the jury before or after argument, or both. No party may assign as error the giving or the failure to give an instruction unless that party objects thereto either at a charge conference or before the jury retires to consider its verdict, stating distinctly the matter objected to and the grounds of the objection. An objection made at a charge conference to an instruction proposed by the court need not be repeated to be preserved. If any portion of the charge read to the jury differs in substance from the last version approved by the court at the charge conference to which the party has objected in conformity with this rule, the party must object to that portion of the charge before the jury retires in order to preserve the objection. A written copy of the version to which the party has objected must be included in the record.

(c) Written Instructions. The instructions shall be given orally. The court may provide the jury with three or more written copies of the instructions to take to the jury room when the jury retires for deliberation.

Amendment history: Amended Nov. 9, 1982, eff. Feb. 1, 1983; Dec. 12, 1985, eff. April 1, 1986; Dec. 9, 1988, eff. March 1, 1989; Feb. 6, 2017, eff. April 10, 2017.