2-1107.Instructing the jury - Taking instructions and papers to the jury room.

Subsections (a) and the unlettered paragraph following it require jury instructions to be given in writing, unless the parties agree otherwise, and only on the law of the case. Each party tenders an original and copy of each proposed instruction, numbered and identified by who tendered it; the court marks each instruction as given or refused on the margin of the original and copy, and identifies any given on its own motion or modified by the court. Once instructions are given, the court cannot clarify or explain them to the jury except in writing, absent party agreement. The jury takes the original written instructions to the jury room and returns them with its verdict, and all instructions -- given, modified, or refused -- become part of the case record.

Subsection (c) sets the tendering process: parties tender instructions, and serve copies on opposing counsel, by the close of evidence or an earlier time the court sets. If the instructions tendered are too numerous or too long, the court may require the parties to cut them down. The court holds a conference with counsel, outside the jury's presence, to settle the instructions and tell counsel its planned rulings before closing arguments -- and, if the arguments reveal a need for more instructions, the court may approve additional ones after a further conference. The jury is instructed only after arguments are complete.

Subsection (d) covers non-instruction materials: papers admitted into evidence, other than depositions, may also go to the jury room during deliberations.