§ 37.2 Entitlement to Instructions

• Library: Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.)

§ 37.2 ENTITLEMENT TO INSTRUCTIONS

The pleadings and the evidence at trial frame the right of a party to request jury instructions. A litigant is entitled to, and the trial court has the duty to, instruct the jury on all legal theories of the case as long as the instructions

(1) "correctly state the law";

(2) are "based on the current pleadings"; and

(3) are "supported by evidence."

Hernandez v. Barbo Mach. Co., 327 Or 99, 106, 957 P2d 147 (1998); Crimson v. Parks, 238 Or App 312, 314, 241 P3d 1200 (2010); Fuller v. Merten, 173 Or App 592, 596, 22 P3d 1221 (2001). A jury instruction is supported by the evidence "'if there was any competent evidence to support it.'" Carter v. Mote, 285 Or 275, 279, 590 P2d 1214 (1979) (quoting Manning v. Helbock, ...