§ Rule 51.04 Assigning Error; Plain Error

Rule 51.04. Assigning Error; Plain Error

    (a) Assigned Error. A party may assign as error:

        (1) an error in an instruction actually given if that party made a proper objection under Rule 51.03, or

        (2) a failure to give an instruction if that party made a proper request under Rule 51.01, and--unless the court made a definitive ruling on the record rejecting the request--also made a proper objection under Rule 51.03.

    (b) Plain Error. A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by Rule 51.04(a)(1) or (2).