Rule 51.Instructions to the jury; objections; preserving a claim of error
Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 51
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Parties file their requested jury instructions at the close of the evidence, or by any earlier deadline the court sets. Once the evidence has closed, a party can still request instructions on issues that could not reasonably have been anticipated by that earlier deadline, and can file other untimely requests if the court allows it.
Before instructing the jury and before closing arguments, the court has to tell the parties what instructions it plans to give and how it will rule on their requests, then give them a chance to object on the record, out of the jury's hearing, before the instructions and arguments are delivered. The court can instruct the jury at any point before it is discharged. An objection has to state, on the record, exactly what instruction or omission is being objected to and the grounds for it; it counts as timely if raised at that scheduled opportunity, or promptly after a party learns that an instruction or ruling on a request will be or has been given or refused without earlier notice. The instructions themselves get reduced to writing, numbered, delivered to the jury, and made part of the case record.
Frequently Asked Questions
When do I need to submit proposed jury instructions?
At the close of the evidence, or by any earlier deadline the court sets for requests.
Can I still request an instruction after the evidence has closed?
Yes, for issues that could not reasonably have been anticipated by an earlier deadline, and for other untimely requests if the court gives permission.
How do I properly object to a jury instruction?
On the record, out of the jury's hearing, stating distinctly the matter you object to and the grounds for the objection.
What if I wasn't told about an instruction before my chance to object?
The objection is still timely if you raise it promptly after learning that the instruction or ruling on a request will be, or has been, given or refused.
Do the jury instructions become part of the official trial record?
Yes. They are reduced to writing, numbered, delivered to the jury, and made part of the record in the case.