Rule 51.Instructions to jury and deliberation

Group 6: Trials · Last amended April 28, 2015 · Last verified July 13, 2026

In one sentenceRule 51 sets the procedure for proposing, submitting, objecting to, and reading jury instructions, and for the jury's deliberations, including how it may ask questions and why judges may not comment on the evidence.

Full Text of Rule 51

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

(a) Proposed. Unless otherwise requested by the trial judge on timely notice to counsel, proposed instructions shall be submitted when the case is called for trial. Proposed instructions upon questions of law developed by the evidence, which could not reasonably be anticipated, may be submitted at any time before the court has instructed the jury.

(b) Submission. Submission of proposed instructions shall be by delivering the original and three or more copies as required by the trial judge, by filing one copy with the clerk, identified as the party’s proposed instructions, and by serving one copy upon each opposing counsel.

(c) Form. Each proposed instruction shall be typewritten or printed on a separate sheet of letter-size (81/2 by 11 inches) paper. Except for one copy of each, the instructions delivered to the trial court shall not be numbered or identified as to the proposing party. One copy delivered to the trial court, and the copy filed with the clerk, and copies served on each opposing counsel shall be numbered and identified as to proposing party, and may contain supporting annotations.

(d) Published instructions.

(1) Request. Any instruction appearing in the Washington Pattern Instructions (WPI) may be requested by counsel who must submit the proper number of copies of the requested instruction, identified by number as in section (c) of this rule, in the form counsel wishes it read to the jury. If the instruction in WPI allows or provides for a choice of wording by the use of brackets or otherwise, the written requested instruction shall use the choice of wording which is being requested.

(2) Record on review. Where the refusal to give a requested instruction is an asserted error on review, a copy of the requested instruction shall be placed in the record on review.

(3) Local option. Any superior court may adopt a local rule to substitute for subsection (d)(1) and to allow instructions appearing in the Washington Pattern Instructions (WPI) to be requested by reference to the published number. If the instruction in WPI allows or provides for a choice of wording by the use of brackets or otherwise, the local rule must require that the written request which designates the number of the instruction shall also designate the choice of wording which is being requested.

(e) Disregarding requests. The trial court may disregard any proposed instruction not submitted in accordance with this rule.

(f) Objections to instruction. Before instructing the jury, the court shall supply counsel with copies of its proposed instructions which shall be numbered. Counsel shall then be afforded an opportunity in the absence of the jury to make objections to the giving of any instruction and to the refusal to give a requested instruction. The objector shall state distinctly the matter to which counsel objects and the grounds of counsel’s objection, specifying the number, paragraph or particular part of the instruction to be given or refused and to which objection is made.

(g) Instructing the jury and argument. After counsel have completed their objections and the court has made any modifications deemed appropriate, the court shall then provide each counsel with a copy of the instructions in their final form. The court shall then read the instructions to the jury. The plaintiff or party having the burden of proof may then address the jury upon the evidence, and the law as contained in the court’s instructions; after which the adverse party may address the jury; followed by the rebuttal of the party first addressing the jury.

(h) Deliberation. After argument, the jury shall retire to consider its verdict. In addition to the written instructions given, the jury shall take with it all exhibits received in evidence, except depositions. Copies may be substituted for any parts of public records or private documents as ought not, in the opinion of the court, to be taken from the person having them in possession. Pleadings shall not go to the jury room.

(i) Questions from jury during deliberations. The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff without any indication of the status of the jury’s deliberations. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court’s response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury’s request to rehear or replay evidence, but should do so in away that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing.

(j) Comments upon evidence. Judges shall not instruct with respect to matters of fact, nor comment thereon.

End

Amendment History

Adopted March 31, 1967, effective April 7, 1967. Readopted May 5, 1967, amended June 28, 1967, effective July 1, 1967; amended, adopted Oct. 27, 1967, effective Nov. 3, 1967; amended, adopted March 12, 1968, effective March 29, 1968; amended Aug. 9, 1976, effective Jan. 1, 1977; amended, effective Oct. 1, 2002; amended, effective April 28, 2015.

Plain-English Summary

Rule 51 walks through the full life cycle of jury instructions in a civil trial. Counsel submit proposed instructions when the case is called for trial, though instructions on legal questions that could not have been anticipated may come in later. The rule sets requirements for how proposed instructions are delivered — an original plus copies to the trial judge, one copy to the clerk, and one to each opposing counsel — and how each must be typed or printed on its own letter-size sheet. Copies given to the court and clerk, and served on opponents, are numbered and identified by proposing party; the court's own working copies are not, so the judge is not told which side asked for which instruction.

The rule addresses instructions drawn from the Washington Pattern Instructions (WPI): a party may request a WPI instruction in the wording it wants read, choosing among any bracketed options the pattern form offers, and a superior court may adopt a local rule letting parties request WPI instructions by number instead. If the court refuses a requested instruction and that refusal is later challenged on review, the requested instruction must be placed in the record. Before instructing the jury, the court gives counsel numbered copies of its proposed instructions and, outside the jury's presence, hears objections; the objecting party must identify the specific instruction and the ground for the objection.

Once objections are resolved, the court gives each side a final copy of the instructions, reads them to the jury, and hears closing argument — the party with the burden of proof argues first, the opposing party responds, and the first party closes with rebuttal. The jury then retires with the written instructions and the trial exhibits, other than depositions; pleadings do not go to the jury room. If the jury has a question during deliberations, it submits the question in writing to the bailiff without revealing anything about its deliberations, and the court gives the parties a chance to weigh in before responding, in open court or in writing. Finally, the rule bars judges from instructing on or commenting on matters of fact.

Frequently Asked Questions

When do proposed jury instructions have to be submitted?

Proposed instructions are submitted when the case is called for trial, unless the trial judge sets a different deadline after timely notice to counsel. Instructions covering legal questions raised by evidence that could not reasonably have been anticipated may be submitted later, at any point before the jury is instructed.

How many copies of a proposed instruction does a party have to provide?

The rule calls for delivering the original plus at least three copies to the trial judge, filing one copy with the clerk labeled as that party's proposed instruction, and serving one copy on each opposing counsel.

Can a party request a jury instruction just by citing its WPI number?

The default under section (d)(1) is that a party requesting a Washington Pattern Instruction submits it written out in full, with any bracketed wording choices resolved. A superior court may adopt a local rule allowing requests by published WPI number instead, but that local rule must still require the party to specify which bracketed wording it wants.

What happens if the court refuses to give a requested instruction?

If that refusal becomes an issue on review, a copy of the instruction the court declined to give must be placed in the record on review.

What goes to the jury room during deliberations?

The jury takes the written instructions and the exhibits admitted into evidence, except depositions, though the court may substitute copies of public records or private documents it does not want removed from the person holding them. Pleadings do not go to the jury room.

How does the jury ask the court a question during deliberations?

The question is signed, dated, and submitted in writing to the bailiff without indicating anything about the state of the jury's deliberations. The court notifies the parties of the question's contents, lets them comment on a proposed response, and then answers in open court or in writing; any additional instruction on a point of law is given in writing.

Can the judge comment on the evidence?

No. Section (j) states that judges shall not instruct with respect to matters of fact, nor comment on them.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source

Also known as: jury instructionsproposed jury instructionsWashington Pattern Instructions WPIobjecting to jury instructionsjury questions during deliberationscomment on the evidence rule