Section 10.8 Instruction Errors

• Library: App Ct Prac 2015 Supp

E. (§10.8) Instruction Errors

To preserve the issue for appeal other than by plain error, counsel must make specific objections to instructions or a verdict form that he or she considers erroneous. Often, the initial instruction discussion is in chambers and not on the record; counsel must make sure the specific objection and the grounds for it are on the record. The objection must be renewed in a motion for new trial. Rule 28.03. To preserve a point regarding the refusal of an instruction or the court’s...