Rule 20. Instructions

• Library: South Carolina Rules Annotated (SCBar) (2019 Ed.)

RULE 20. INSTRUCTIONS

(a) Time for Request.

All requests for legal instructions to the jury shall be submitted at the close of the evidence, or at such earlier time as the trial judge shall reasonably direct. All requests must include accurate citation to authorities relied upon.

(b) Objections to Charge.

Notwithstanding any request for legal instructions, the parties shall be given the opportunity to object to the giving or failure to give an instruction before the jury retires, but out of the hearing of the jury. Any objection shall state distinctly the matter objected to and the grounds for objection. Failure to object in accordance with this rule shall constitute a waiver of objection.

Note:

This rule replaces Circuit Court Rule 11, and is taken from Rule 51, SCRCP, and Rule 30, Fed. R. Crim. P. (version effective prior to August 1, 1987).

Annotations Rule 20

20

Deliberations

"[A] jury should not begin discussing cases or deciding issues until the evidence is introduced, the arguments of counsel are complete, and the applicable law is charged. Jurors should be instructed not to be discuss the case, even with each other, until the case is submitted to them." State v. Hoffman, 312 S.C. 386, 440 S.E.2d 869, 872-73 (1994).

Distinguishing Charge

Where a defendant who has been indicted as a principal rather than as an accessory before the fact, seeks a charge on the distinction between accessory before the fact and principal to a felony, the trial judge must instruct the jury about the distinction if "the evidence points to an exclusionary defense." State v. McClure, 312 S.C. 369, 440 S.E.2d 404, 406 (Ct. App. 1994).

Generally

"The law to be charged must be determined from the evidence presented at trial. An instruction must not be given unless justified by the evidence." State v. Dennis, 321 S.C. 413, 468 S.E.2d 674, 678 (Ct. App. 1996).

"A charge is sufficient if, when considered as a whole, it covers the law applicable to the case. Although charges requested by a party may be a correct statement of the law, a judge does not err by refusing to deliver the charges verbatim. The judge properly instructs the jury if he adequately states the applicable law. A jury charge which is substantially correct and covers the law does not require reversal." State v. Ezell, 321 S.C. 421, 468 S.E.2d 679, 681 (Ct. App. 1996).

"The law to be charged the jury is to be determined by the evidence presented at trial. The trial judge commits reversible error when he fails to...