Rule 51.Instructions to the Jury; Objections; Preserving a Claim of Error
Enacted effective October 1, 2011 · Last verified June 26, 2026
Full Text of Rule 51
Plain-English Summary
Rule 51 manages the jury-instruction process and, crucially, how instructional errors are preserved for appeal. Parties may request instructions at the close of the evidence (or earlier if the court sets a time), with limited room for later requests on issues that couldn't have been anticipated. Before instructing the jury and before final arguments, the court must inform the parties of its proposed instructions and give them a chance to object on the record, out of the jury's hearing.
To preserve a claim of error, a party must object distinctly, stating the matter and the grounds, at that opportunity (or promptly after learning of a late instruction). A party may then assign as error an instruction given over a proper objection, or the failure to give a properly requested instruction. Even an unpreserved error may be reviewed under the narrow plain-error doctrine if it affects substantial rights.
Frequently Asked Questions
How do I preserve an objection to a jury instruction?
Object on the record, out of the jury's hearing, stating distinctly the instruction (or omission) objected to and the grounds — at the opportunity the court provides before instructions and arguments.
Can an instructional error be reviewed if I didn't object?
Only under the narrow plain-error doctrine: a court may consider an unpreserved plain error in the instructions if it affects substantial rights.