§ 3.7.2.6.5.6 Jury Instructions.

JurisdictionArizona

§ 3.7.2.6.5.6 Jury Instructions. The appellate court reviews jury instructions as a whole to determine whether the jury has been given the proper rule of law to apply when coming to a decision, see Lifeflite Med. Air Transp. v. Native Am. Air Servs., Inc., 198 Ariz. 149, 151, ¶ 8, 7 P.3d 158, 160 (App. 2000), and in determining whether the jury was properly guided in its deliberations. See Mendoza v. McDonald’s Corp., 222 Ariz. 139, 149 n.15, ¶ 30, 213 P.3d 288, 298 n.15 (App. 2009); Pima Cty. v. Gonzalez, 193 Ariz. 18, 20, ¶ 7, 969 P.2d 183, 185 (App. 1998); Sheppard v. Crow-Barker Paul No. 1 Ltd. P’ship, 192 Ariz. 539, 546, ¶ 31, 968 P.2d 612, 619 (App. 1998).

The appellate court will not overturn a verdict because of instructions given unless there is substantial doubt whether the jury was properly guided in its deliberations. See Barnes v. Outlaw, 188 Ariz. 401, 405, 937 P.2d 323, 327 (App. 1996), aff’d and rev’d in part on other grounds, 192 Ariz. 283, 964 P.2d 484 (1998); Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 560, 880 P.2d 1103, 1106 (App. 1993). The court considers all of the instructions together to determine whether they misled the jury. It will reverse only if an erroneous instruction prejudiced the appellant’s rights. See Desert Mountain Properties, Ltd. P’ship v. Liberty Mut. Fire Ins. Co., 225 Ariz. 194, 199, ¶ 11, 236 P.3d 421, 426 (App. 2010).

A trial court must give a requested instruction if (1) the evidence supports the instruction, (2) the instruction is appropriate under the law, and (3) the instruction pertains to an important issue and was not adequately covered by another instruction. See State ex rel. Miller v. Wells Fargo Bank of Ariz., 194 Ariz. 126, 132, ¶ 39, 978 P.2d 103, 109 (App. 1998). However, a trial court is not required to instruct the jury on every nuance of law suggested by counsel. See Bike Fashion Corp. v. Kramer, 202 Ariz. 420...

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