§ 577.2.Use of Instructions - Requests - Copies

Chapter 11: Trial · Last amended April 19, 1968 · Last verified August 3, 2026

In one sentenceSection 577.2 requires courts to use the applicable Oklahoma Uniform Jury Instruction unless it misstates the law, directs any non-OUJI instruction to be simple, brief, and impartial, and sets the procedure for requesting instructions in writing with labeled copies to opposing counsel.

Full Text of § 577.2

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Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable in a civil case or a criminal 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 OUJI instructions shall be used unless the court determines that it does not accurately state the law. Whenever OUJI does not contain an instruction on a subject on which the court determines that the jury should be instructed, the instruction given on that subject should be simple, brief, impartial and free from argument. Counsel for either party or parties shall have a right to request instructions by so requesting in writing. 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, the copy shall contain a notation substantially as follows: "OUJI No. ______" or "OUJI No. ______Modified" or "Not in OUJI" as the case may be.

End

Amendment History

Laws 1968, HB 1221, c. 201, § 2, emerg. eff. 4/19/1968.

Plain-English Summary

Whenever OUJI has an instruction that applies to the facts and the law of a case, and the court decides the jury should be instructed on that subject, the court must use the OUJI instruction unless it determines the instruction doesn't accurately state the law. When OUJI has nothing on a subject the jury needs instruction on, the instruction the court gives should be simple, brief, impartial, and free from argument.

Counsel for either party may request instructions in writing. Each requested instruction comes with a copy delivered to opposing counsel, and the copies must be numbered, identify who tendered them, and carry a notation showing whether the instruction is "OUJI No. ___," "OUJI No. ___ Modified," or "Not in OUJI." Section 578 then covers how a party preserves an objection to whatever instruction the court ultimately gives.

Frequently Asked Questions

Is a court required to use the OUJI instruction when one exists?

Yes, unless the court determines that the OUJI instruction doesn't accurately state the law.

What standard applies to a jury instruction not found in OUJI?

It should be simple, brief, impartial, and free from argument.

What has to be on the copy of a requested instruction given to the other side?

A number, an indication of who tendered it, and a notation showing whether it's "OUJI No. ___," "OUJI No. ___ Modified," or "Not in OUJI."

Can a party request jury instructions in writing?

Yes. Counsel for either party has a right to request instructions by requesting them in writing.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: mandatory use of ouji oklahomarequesting jury instructions oklahomaouji modified label12 O.S. § 577.2