§ Rule 51 Instructions to jury

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Rule 51. Instructions to jury

    (a)(1) Instructions to Jury--Requests--Objections. Prior to the presentation of evidence, the court may instruct the jury on the role of the court, counsel and jury, the elements of all claims in dispute and any known defenses, and any other matter it believes necessary and appropriate to aid in resolution of the issues at hand. The Court shall hold an instruction conference prior to trial to consider these initial instructions to the jury.

    No later than five (5) days before the commencement of any trial by jury, any party may file written requests that the court instruct the jury on the law as set forth in such request, and such requested instructions must be served upon and received by all parties to the action at least five (5) days before the commencement of the trial. The court shall not be required to consider any requested instructions not filed and served upon the parties as required by this rule, but the court may reasonably permit any party to file and serve written requests for instructions at any time up to and including the close of the evidence at the trial upon the grounds that such requested instructions concern matters arising during the trial of the action which could not reasonably have been anticipated by the party requesting such instructions or were overlooked in the original requested instructions. All requested instructions shall be submitted to the court in duplicate with the appropriate citation of law indicated on the copy thereof upon which the party relies
in requesting such instruction. The original shall contain a blank space for numbering and all duplicate copies shall be numbered by the party submitting the same in consecutive numbers at the top of the first page of each requested instruction. The duplicate copy shall also contain blank spaces at the bottom thereof identified as “Given,” “Refused,” “Modified,” “Covered,” and “Other.” The court shall rule upon such requests at the close of the evidence at the trial and shall verbally indicate its ruling on the record or shall indorse upon the duplicate copy of each requested instruction the court's ruling as to such request in the blanks provided. The court may also prepare other written instructions to be given of its own motion, and shall submit to the parties the instructions that will be given, and provide adequate time and opportunity to all parties to read and consider said instructions, to discuss them with court and counsel off the record, and to make objections thereto in the absence of the jury. All objections thereto, and any objections to the giving or the failure to give an instruction, and any court's ruling thereon, must be made a part of the record.

    (2) Use of Idaho Jury Instructions (IDJI). Whenever the latest edition of Idaho Jury Instructions (IDJI) contains an instruction applicable to a case and the trial judge determines that the jury should be instructed on the subject, it is recommended that the judge use the IDJI instruction unless the judge finds that a different instruction would more adequately, accurately or clearly state the law. Whenever the latest edition of IDJI does not contain an instruction on a subject upon which the trial judge determines that the jury should be instructed, or when an IDJI instruction cannot be modified to submit the issue properly, the instruction given on that subject should be simple, brief, impartial and free from argument. When an instruction requested by a party is a modified IDJI instruction, the party should indicate therein, by use of parentheses or other appropriate means, the respect in which it is modified.

    (b) Rulings on Objections--Final Instructions and Arguments. The court may give instructions to the jury at any time, and at various times, during the trial, all of which shall be made written instructions and constitute part of the record. Prior to giving any opening or final instructions, the court shall furnish copies of them to all parties and allow counsel a reasonable time to examine them and make objections outside the presence of the jury. No party may assign as error the giving of or failure to give an instruction unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the instruction to which that party objects and the grounds of the objection. After the court makes all rulings on requested instructions and objections, and advises the parties of the final instructions to be given, the court shall read to the jury the written instructions before the final arguments of the parties are given. All final arguments shall be reported verbatim unless otherwise stipulated in the record by all of the parties to the action. The written instructions, and a minimum of two copies thereof, shall be given to the jury to take when the jury retires for deliberation. Any request by the jury to be further informed of any point concerning the action shall be communicated to the court in writing, at which time the attorneys for the parties shall be given the opportunity to be present, if the attorney is available and can be present within a reasonable period of time, and the court in its discretion may further instruct the jury in writing or explain the instructions in open court which shall be made part of the record.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.