The court informs the parties of its proposed instructions and permits objection before instructing the jury. Rule 51 requires objection stating the matter objected to and the grounds, on the record and out of the jury's presence.
Failure to object generally waives the issue.
Alternative Names:
Charge Conference, Instruction Conference
Why it Matters?
Preservation is the entire point of the conference, since an instruction error not objected to with specificity is reviewable only for plain error, which is rarely found. The objection must state the grounds rather than merely noting disagreement, and a general exception preserves nothing. Submitting proposed instructions and objecting specifically to those refused is what creates the appellate record.
Frequently Confused with
Related terms
Frequently asked questions
What does Rule 51 require?
What happens without specific objection?
