5.3 Preparation and Use of Jury Instructions and Verdict Forms

LibraryFederal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

5.3 PREPARATION AND USE OF JURY INSTRUCTIONS AND VERDICT FORMS

5.301 Applicable Rules.

A. Fed. R. Civ. P. 51.

Any party may file jury instructions at the close of the evidence or at any earlier time during the trial as directed by the court. 1351 The court must inform counsel of its proposed action upon the tendered instructions before closing arguments. 1352 The court can instruct the jury at any time after trial begins and before the jury is discharged. 1353

No party may assign error on appeal for giving an erroneous instruction or failure to give an instruction unless that party objects before the jury retires. That objecting party must distinctly state the grounds for objection. 1354

In the Eastern District, E.D. Va. Civ. R. 51 requires an actual proffer to the court during the "instruction conference" in order to make an instruction part of the official record for appeal.

B. Fed. R. Civ. P. 49.

Under Fed. R. Civ. P. 49, the court may require a jury to return a special verdict in the form of specific findings upon each issue of fact 1355 or request the jury to enter a general verdict but also require it to answer specific questions that accompany the general verdict form. 1356

Objections to a verdict form must be made before its submission to the jury. 1357

C. Local Civil Rules.

1. Eastern District.

E.D. Va. Civ. R. 51 requires the filing of proposed instructions and voir dire questions at least seven days before the scheduled trial date. E.D. Va. Civ. R. 51 also requires that each proposed instruction must be numbered and on a separate page with citations that support the proposed instruction.

In Richmond, Norfolk, and Alexandria, each individual judge sets his or her own timetable in their individual scheduling orders or pretrial orders.

The judges in Alexandria instruct the jury after closing arguments and do not send the written instructions in with the jury.

In Richmond, Judges Hudson and Gibney require that proposed jury instructions be provided on disc as well as paper.

In Norfolk, the judges also require the proposed instructions be submitted on disc and paper.

2. Western District.

W.D. Va. Civ. R. 51 requires that proposed jury instructions be tendered seven days before trial, numbered, and identified properly by the party proffering the instruction with citations supporting the instruction. 1358

5.302 Resources for Writing Effective Jury Instructions.

Resources for writing effective jury instructions are provided below.

Mark R. Denton...

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