§51.4 Comparison with Federal Rule

• Jurisdiction: Washington

§51.4COMPARISON WITH FEDERAL RULE

Although the federal and state rules contain similarities, the rules are noticeably different. The rules first differ in their requirements regarding the time for submission of proposed jury instructions. Under CR 51(a), proposed instructions must be submitted "when the case is called for trial" unless otherwise directed by the court. Pursuant to Fed. R. Civ. P. 51(a), instructions may be submitted up to the close of evidence, although the trial judge may prescribe an earlier time.

Comment: As a practical matter, deadlines for filing proposed jury instructions are frequently prescribed in scheduling orders in both federal and state court. Both the federal and state rules allow supplemental proposed instructions at the close of the evidence on issues that "could not reasonably have been anticipated." Fed. R. Civ. P. 51(a)(2)(A); CR 51(a).

Under the federal rule, the trial court has discretion to allow argument before or after instructing the jury. Fed. R. Civ. P. 51(b)(3). Pursuant...