Section 12.2 How and When to Submit Jury Instructions

• Library: Civil Trial Practice 2015 Supp

1. (§12.2) How and When to Submit Jury Instructions

The party with the burden of proof on any issue must submit written requests for jury instructions. The court may direct that the instructions be submitted before the trial begins, and in any event they must be submitted at or before the instruction conference. A party does not need to submit a converse instruction; indeed, it cannot submit a “true” converse until the court has indicated what verdict-directing instruction will be given. Many courts have pre-printed copies of the mandatory instructions such as MAI 2.01 [2002 Revision], thus making it unnecessary for the parties to submit them. If there is any doubt about whether such instructions should be prepared, counsel should ask the court.

The mechanics of preparing the instructions are fairly simple to describe, but actually handling and keeping track of the instructions offered, given, and refused can be a...