Rule 51.Jury instructions

Title VI: Alternative Dispute Resolution and Trial · Last amended July 1, 2016 · Last verified July 14, 2026

In one sentenceRule 51 sets deadlines and procedure for requesting, drafting, objecting to, and delivering jury instructions in an Idaho civil trial, and directs courts to use the standard Idaho Jury Instructions (IDJI) whenever one applies.

Full Text of Rule 51

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Pre-trial conference. No later than 7 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 7 days before the commencement of the trial.

(b) Consequences of not filing requests. The court need not consider any requested instructions not filed and served upon the parties as required by this rule. However, if matters arise during the trial which could not reasonably have been anticipated, or if matters were overlooked in the original requested instructions, the court may permit a party to file and serve written requests for instructions at any time up to and including the close of the evidence.

(c) Instructions proposed by the court. The court may also prepare other written instructions to be given of its own motion, and must 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 to them in the absence of the jury.

(d) How instructions are submitted. An original and a copy of all requested instructions must be submitted to the court. The citation of law the party relies in requesting the instruction must be indicated on only the copy. The originals must contain a blank space for numbering and the copies must be numbered by the party submitting them in consecutive numbers at the top of the first page of each requested instruction. The copies must also contain blanks at the bottom identified as "Given," "Refused," "Modified," "Covered," and "Other."

(e) Ruling on proposed instructions. The court must rule on the requested instructions at the close of the evidence and must either verbally state its ruling on the record or indorse on the duplicate copy of each requested instruction the court's ruling as to the request in the blanks provided.

(f) Record of objections. All objections to instructions proposed by the court, and any objections to the giving or the failure to give an instruction, and the court's ruling on the objection, must be made a part of the record.

(g) Use of Idaho Jury Instructions. Whenever the latest edition of Idaho Jury Instructions (IDJI) contains an instruction applicable to a case and the court determines that the jury should be instructed on the subject, the court should use the IDJI instruction unless it finds that a different instruction more adequately, accurately or clearly states the law. Whenever the latest edition of IDJI does not contain an instruction on a subject upon which the court 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 a party requests a modified IDJI instruction, the party must indicate the modification by use of parentheses or other appropriate means.

(h) Preliminary instructions. 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 must hold an instruction conference prior to trial to consider these initial instructions to the jury.

(i) Procedure with the jury.

(1) Timing of instructions. The court may give instructions to the jury at any time, and at various times, during the trial.

(2) Instructions reduced to writing. All instructions must be reduced to writing and constitute part of the record. Prior to giving any preliminary or final instructions, the court must furnish copies of them to all parties and allow a reasonable time to examine them and make objections outside the presence of the jury.

(3) Objections. No party may assign as error the giving of or failure to give an instruction unless the party objects before the jury deliberates, stating distinctly the instruction to which that party objects and the grounds of the objection.

(4) Providing instructions to the jury. After the court makes all rulings on requested instructions and objections, and advises the parties of the final instructions to be given, the court must read to the jury the written instructions before the final arguments of the parties are given. The court must give the jury the original and a minimum of two copies of the written instructions for use in deliberation.

(5) Request for further instruction by the jury. If the jury request further instructions, the request must be made to the court in writing. The court may further instruct the jury in writing or explain the instructions in open court which explanation must be made part of the record. The parties must be given the opportunity to be present and heard regarding the request, if they are available and can be present within a reasonable period of time.

End

Amendment History

(Adopted March 1, 2016, effective July 1, 2016.)

Plain-English Summary

Rule 51 manages the paperwork and process behind every instruction a jury hears. Any party can request instructions, but the request has to be filed and served on the other parties at least seven days before trial starts. Miss that deadline and the court does not have to consider the request — unless something unanticipated came up during trial or an issue got overlooked earlier, in which case the court can allow a late request up through the close of the evidence. The court can also draft its own instructions, and it has to give the parties a real chance to read them, discuss them off the record, and object before the jury hears them. Requested instructions get submitted in a specific format: an original plus a numbered copy, with blanks on the copy for the court to mark each one "Given," "Refused," "Modified," "Covered," or "Other."

The rule favors consistency over improvisation. Whenever the current edition of the Idaho Jury Instructions covers a subject the jury needs to hear about, the court should use that pattern instruction unless a different one states the law more accurately or clearly. Where no pattern instruction fits, or an existing one cannot be adapted, the instruction given should stay simple and free of argument. Procedurally, the court rules on requests at the close of evidence, reads the final written instructions to the jury before closing arguments, and sends the jury to deliberate with the original instructions and at least two copies. Any objection to an instruction — or to the court's refusal to give one — has to go on the record before the jury deliberates, stating the specific instruction and the specific ground, or the objection is lost for appeal. If the jury asks a question during deliberations, the request must be in writing, and the parties get a chance to be heard on how the court responds.

Frequently Asked Questions

When do I have to submit proposed jury instructions in an Idaho civil case?

At least seven days before trial begins, filed with the court and served on all other parties. The court is not obligated to consider instructions requested after that deadline, though it retains discretion to allow late requests when something unanticipated arises during trial.

What if something unexpected during trial calls for an instruction I didn't request in advance?

Rule 51(b) allows the court to permit a party to file and serve a new instruction request at any point up through the close of the evidence, if the need could not reasonably have been anticipated earlier or was overlooked in the original requests.

Does the judge have to use the Idaho Jury Instructions (IDJI)?

When the current edition of IDJI has an instruction that fits the case and the subject needs to be covered, the court should give the IDJI version unless it finds another instruction states the law more accurately or clearly. Where IDJI has nothing on point, the court crafts its own instruction, kept simple and impartial.

How do I preserve an objection to a jury instruction for appeal?

State the objection on the record before the jury begins deliberating, and identify both the specific instruction objected to and the specific ground for the objection. An objection that is vague or comes too late does not preserve the issue for appellate review.

What happens if the jury sends a question to the judge during deliberations?

The jury has to put the request in writing. The court may respond with a further written instruction or an explanation in open court, and the explanation becomes part of the record. The parties must be given a chance to be present and heard on the request if they can be made available within a reasonable time.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source

Also known as: idaho jury instructions ruleidji idaho jury instructionsrequesting jury instructions idaho civil caseobjecting to a jury instruction idahoidaho civil rule 51