Chapter 19 - § 19.3 • SPECIALIZED INSTRUCTIONS

• Jurisdiction: Colorado

§ 19.3 • SPECIALIZED INSTRUCTIONS

Colorado

➢ General. "In cases in which there are no CJI instructions on the subject, or in which the factual situation or changes in the law warrant a departure from the CJI instructions, the court shall instruct the jury as to the prevailing law applicable to the evidence in a manner which is clear, unambiguous, impartial and free from argument, using CJI instructions as models as to the form so far as possible." C.R.C.P. 51.1(2); see Tadolini v. Peterson, 97 P.3d 359, 360 (Colo. App. 2004).
➢ Court's Duty to Instruct. The court has a duty to examine the prevailing law to determine whether a jury instruction is applicable to the facts of the particular case and accurately states the prevailing law. Garhart ex rel. Tinsman v. Columbia/HealthONE, LLC, 95 P.3d 571, 587 (Colo. 2004); Federal Ins. Co. v. Public Serv. Co., 570 P.2d 239, 241 (Colo. 1977). The Colorado Jury Instructions are "intended as a model and will yield to the prevailing law." Short v. Kinkade, 685 P.2d 210, 211 (Colo. App. 1983).

➢ Court's Determination; Form and Substance. The trial court determines the form and style in which instructions will be given to the jury within its sound discretion. Krueger v. Ary, 205 P.3d 1150, 1157 (Colo. 2009); Waneka v. Clyncke, 134 P.3d 492 (Colo. App. 2005), aff'd in part and remanded, 157 P.3d 1072 (Colo. 2007).

➢ Theory-of-the-Case Instruction. A trial court is obligated to instruct the jury correctly on a party's theory of the case if it is supported by competent evidence. Gordon v. Benson, 925 P.2d 775, 777-78 (Colo. 1996); Trione v. Mike Wallen Standard, Inc., 902 P.2d 454, 459 (Colo. App. 1995); Huddleston v. Union Rural Elec. Ass'n, 897 P.2d 865, 867 (Colo. App. 1995). This instruction "should succinctly explain the party's view of what the evidence shows; it should be general and brief; and it must instruct the jury on the legal effect of the explanation. A trial court may refuse to give a theory of the case instruction that misstates the law, is argumentative, or improperly emphasizes specific evidence." Vista Resorts, Inc. v. Goodyear Tire & Rubber, Co., 117 P.3d 60, 74 (Colo. App. 2004). As long as the instructions provided to the jury, as a whole, encompass a party's theory, the trial court does not have to offer that party's tendered instructions. Krueger, 205 P.3d at 1157.

➢ Denial of Instruction. It is not an abuse of discretion to deny an instruction that, although legally correct, merely restates the

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