Pattern instructions are drafted by committees and published for use in common claim types. Courts generally prefer them, and departure requires justification that the pattern does not fit the case.
Some jurisdictions require their use absent good reason.
Alternative Names:
Model Jury Instructions, Standard Instructions
Why it Matters?
Courts default to pattern instructions, which makes proposing a modified version a request the party must justify rather than an even contest. Where the pattern misstates the law as applied to the specific claim, briefing the deviation with authority is necessary. The instructions also frequently lag developments in the law, and a pattern reflecting a superseded standard is worth challenging with the current authority.
Frequently Confused with
Related terms
Frequently asked questions
Must pattern instructions be used?
When is departure warranted?
