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Rule 239.Instructions

Article II. Rules on Civil Proceedings in the Trial Court · Part F. Trials · Last amended 2013 · Last verified July 20, 2026

In one sentenceRule 239 requires courts to use the pattern Illinois civil jury instructions when one applies, sets the procedure for tendering and objecting to instructions, and schedules when the jury hears them relative to opening statements and closing argument.

Full Text of Ill. S. Ct. R. 239

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

(a) Use of IPI Instruction; Requirements of Other Instructions. Whenever Illinois Pattern
Jury Instructions (IPI), Civil, contains an instruction applicable in a civil case, giving due consideration to the facts and the prevailing law, and the court determines that the jury should be instructed on the subject, the IPI instruction shall be used, unless the court determines that it does not accurately state the law. The most current version of the IPI Civil instructions is maintained on the Supreme Court website. Whenever IPI does not contain an instruction on a subject on which the court determines that the jury should be instructed, the instruction given in that subject should be simple, brief, impartial, and free from argument.
(b) Court’s Instructions. At any time before or during the trial, the court may direct counsel to prepare designated instructions. Counsel shall comply with the direction, and copies of instructions so prepared shall be marked “Court’s Instruction.” Counsel may object at the conference on instructions to any instruction prepared at the court’s direction, regardless of who prepared it, and the court shall rule on these objections as well as objections to other instructions. The grounds of the objections shall be particularly specified.
(c) Procedure. Each instruction shall be accompanied by a copy, and a copy shall be delivered to opposing counsel. In addition to numbering the copies and indicating who tendered them, as required by section 2-1107 of the Code of Civil Procedure, the copy shall contain a notation substantially as follows:
“IPI No. _____” or “IPI No. _____ Modified” or “Not in IPI” as the case may be. All objections made at the conference and the rulings thereon shall be shown in the report of proceedings. The original instructions given by the court to the jury shall be taken by the jury to the jury room.
(d) Instructions Before Opening Statements. After the jury is selected and before opening statements, the court may orally instruct the jury as follows:
(i) On cautionary or preliminary matters, including, but not limited to, the burden of proof, the believability of witnesses, and the receipt of evidence for a limited purpose.
(ii) On the substantive law applicable to the case, including, but not limited to, the elements of the claim or affirmative defense.
(e) Instructions After the Close of Evidence. After the close of evidence, the court shall repeat any applicable instructions given to the jury before opening statements and instruct the jury on procedural issues and the substantive law applicable to the case, including, but not limited to, the elements of the claim or affirmative defense. The court may, in its discretion, read the instructions to the jury prior to closing argument. Whether or not the instructions are read prior to closing argument, the court shall read the instructions to the jury following closing argument and may, in its discretion, distribute a written copy of the instructions to each juror. Jurors shall not be given a written copy of the jury instructions prior to counsel concluding closing argument.
(f) Instructions During Trial. Nothing in this rule is intended to restrict the court’s authority to give any appropriate instruction during the course of the trial.
End

Plain-English Summary

Rule 239 anchors jury instructions to the Illinois Pattern Jury Instructions, Civil (IPI). If a pattern instruction fits the case and the law, the court must use it unless the instruction misstates the law. Where no pattern instruction covers the subject, the instruction the court gives should be simple, brief, neutral, and free of argument.

The rule sets out the mechanics: the court can direct counsel to draft instructions, each instruction needs a copy for opposing counsel, and every instruction must be labeled as an IPI instruction, a modified IPI instruction, or not found in IPI at all. Objections and rulings on them go into the record.

Timing matters too. After the jury is picked but before opening statements, the judge may give preliminary instructions covering things like the burden of proof and the elements of the claims. After the evidence closes, the judge repeats those instructions, adds instructions on the law that applies, and reads the full set to the jury after closing arguments, whether or not the judge also read them beforehand. If the judge chooses to give jurors a written copy of the instructions, that copy cannot be handed out until after closing arguments conclude.

Frequently Asked Questions

Must a court use the pattern jury instructions?
Yes, if a pattern instruction applies and accurately states the law, the court must use it.
What if there is no pattern instruction on a topic?
The court gives its own instruction, which the rule requires to be simple, brief, impartial, and free from argument.
When does the jury first hear instructions?
The judge may give preliminary instructions after the jury is picked and before opening statements, covering things like the burden of proof.
When does the jury get a written copy of the instructions?
Only if the judge chooses to distribute one; a written copy is never required, and if given, it cannot be handed out before closing arguments conclude.
How does an attorney mark an instruction that departs from the pattern language?
Each copy must note whether it is an IPI instruction, an IPI instruction modified, or not found in IPI.

Committee Comments

This is former Rule 25-1 without change in substance.

Amendment History

Amended May 28, 1982, effective July 1, 1982; amended October 1, 1998, effective January 1, 1999; amended June 11, 2009, effective September 1, 2009; amended December 16, 2010, effective January 1, 2011; amended Apr. 8, 2013, eff. immediately.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source
Also known as: IPI jury instructionspattern jury instructions Illinoisjury instruction conferencewhen jury gets instructionsobjecting to jury instructions