Chapter 6 - 6.10 Jury Instructions

• Jurisdiction: Virginia

6.10 JURY INSTRUCTIONS

Objections to jury instructions must be made when the instruction is tendered to the court. lawyers often present competing jury instructions on the critical legal issues in the case. not infrequently, judges will suggest compromise language that takes part of one party's version of an instruction and part of the other's. While it is difficult to disagree with the judge who is hearing the case, an agreement of this nature will not allow an objection to be preserved regarding counsel's original instruction.²²³ instructions that are given to the jury without objection become the law of the case.²²⁴

Reliance on the Virginia Model Jury Instructions without an objection that attempts to conform them to the facts of the case can lead to similar results, as the Virginia Supreme Court has noted that the model instructions do not always accurately state the law.²²⁵ inaccurate jury instructions, even those derived from the Model Jury instructions, become the law of the case and are binding upon the parties and the jury.²²⁶ The mere fact that an instruction is not from the Virginia Model Jury instructions is not a basis for its denial.²²⁷ However, Rule 3A:16(c) requires the court to advise counsel of which instructions it intends to give and allow counsel an opportunity to object.²²⁸

If the proceedings are not on the record when the discussion about jury instructions occurs, the objections and arguments of counsel are likely not sufficiently preserved.²²⁹ Section 8.01-420.3 of the Virginia Code forbids the trial judge from going off the record unless all parties agree. And, finally, when an instruction is offered that reflects a position that...