Jury Instructions

Jury Instructions

Jury Instructions

Jury instructions explain the elements of each claim and defense, the burden of proof, how to evaluate evidence, and how to complete the verdict form. They are drawn from pattern instructions and party submissions and settled at a charge conference.

Objections must be stated on the record before deliberations to preserve instructional error for appeal.

Alternative Names:

Charge to the Jury, Jury Charge

Why it Matters?

Instructions are where the legal framework of the case is finally fixed, and a single word in an element instruction can determine the outcome. They receive far less attention than they warrant because the charge conference occurs late in an exhausting trial. Preparing proposed instructions early, and knowing which pattern instructions the court will default to, is an underused source of advantage.

Frequently asked questions

When must objections to instructions be made?

When must objections to instructions be made?

Before the jury retires, on the record, stating the specific matter objected to and the grounds. Failure to object generally waives the issue.

Can parties submit their own instructions?

Can parties submit their own instructions?

Yes, and they should. Courts usually work from pattern instructions but will consider modifications supported by the governing law and the evidence.