§51.5 Purpose and Procedure

• Jurisdiction: Washington

§51.5PURPOSE AND PROCEDURE

This section addresses the purpose and general procedures for proposing jury instructions.

(1)Purpose of rule

CR 51 sets out procedures for proposing and submitting jury instructions; discusses the use of published instructions; sets out requirements for making objections to instructions; describes the trial court's role in instructing the jury and the procedure for closing argument; provides for jury deliberations and further instructions to the jury; and forbids instructions with respect to matters of fact and comment by judges on the evidence.

The most litigated aspect of CR 51 is CR 51(f), which governs objections (frequently called "exceptions") to instructions. This rule exists to assure that the trial court is provided with sufficient notice of any alleged error in the instructions so that it has an opportunity to correct mistakes before they are made and thus avoid a new trial. Goehle v. Fred Hutchinson Cancer Research Ctr, 100 Wn.App. 609, 615, 1 P.3d 579 (2000), review denied, 142 Wn.2d 1010 (2000); Queen City Farms, Inc. v. Cent. Nat'l Ins. Co., 126 Wn.2d 50, 63, 882 P.2d 703 (1994). The pertinent inquiry is whether the objection was sufficient to inform the trial court of the nature and substance of the error. Walker v. State, 121 Wn.2d 214, 217, 848 P.2d 721 (1993); Blaney v. Int'lAss'n of Machinists & Aerospace Workers, Dist. No. 160, 114 Wn.App. 80, 85-87, 55 P.3d 1208 (2002), aff'd in part and rev'd in part on other grounds, 151 Wn.2d 203, 87P.3d757 (2004). In Blaney, the exception was sufficient when the appellant specified the phrase at issue, explained that it was not supported by case law, and proposed an instruction that highlighted the error. The appellate court noted that the "cumulative effect of these actions was to alert the court to the point now argued on appeal." Id. at 86.

Practice Tip: Although under some circumstances compliance with the purpose of CR 51 will excuse technical noncompliance, see Queen City Farms, 126 Wn.2d at 63, you should assume that any failure to follow the express terms of CR 51(f) will result in your objection being overruled.

(2)Types of jury instructions

Courts tend to discuss "jury instructions" generically Although most appellate litigation regarding jury instructions involves the court's instructions to the jury at the close of the case, juries are instructed by the trial judge throughout a trial. Starting with the introductory instructions, which identify the parties and describe the case, instructions admonish the jury not to discuss the case until it is submitted for consideration, not to research on the internet, and not to communicate through social media. See RCW 4.44.280. Jurors are instructed that they must avoid reading the newspapers, avoid accident scenes, and refrain from conducting experiments or investigation on their own. See id.

Washington pattern jury instructions and the comments are now available online at no cost at as part of a...