Learning Outcomes
After reading this article, you will understand the rules for requesting and objecting to jury instructions in federal civil trials. You will be able to identify when and how to properly request instructions, how to object to proposed or omitted instructions, and the consequences of failing to object. You will also know how these rules affect error preservation for appeals, ensuring you can answer MBE questions on this topic with confidence.
MBE Syllabus
For MBE, you are required to understand the procedures and requirements for jury instructions in federal civil trials. This includes:
- The process for requesting jury instructions and the timing requirements.
- How and when to object to proposed or omitted jury instructions.
- The effect of failing to object on the ability to raise instructional errors on appeal.
- The "plain error" exception for unpreserved instructional mistakes.
- The difference between requesting and objecting to instructions.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- When must a party object to a proposed jury instruction to preserve the issue for appeal?
- If a party submits a proposed instruction but does not object when the court omits it, can the party raise the issue on appeal?
- What is the "plain error" rule regarding jury instructions in federal court?
- Is it necessary to object to a jury instruction after it is given to the jury, or before?
Introduction
Jury instructions are a critical part of federal civil trials. They guide the jury on the law to apply when deciding the case. The Federal Rules of Civil Procedure set out specific procedures for requesting instructions and objecting to those proposed or omitted by the court. Understanding these procedures is essential for preserving issues for appeal and avoiding waiver.
Requesting Jury Instructions
Any party may request specific jury instructions. Requests must be made at the close of evidence or earlier if ordered by the court. If an issue could not reasonably have been anticipated earlier, a party may request an instruction after the close of evidence, but before the jury is charged.
Key Term: Jury Instruction Request A formal written or oral proposal by a party asking the court to include a specific instruction in the jury charge.
Objecting to Jury Instructions
After the court informs the parties of its proposed instructions and how it will rule on their requests, it must give the parties an opportunity to object on the record and outside the jury's presence. Objections must be made before the instructions are given to the jury and before final arguments, unless the party was not informed of the instruction or omission until later.
Key Term: Objection to Jury Instruction A formal statement by a party, on the record, identifying a specific problem with a proposed or omitted jury instruction and stating the grounds for the objection.
Waiver and Preservation of Error
A party who fails to object to a jury instruction or omission as required by the rules generally waives the right to challenge the instruction on appeal. Submitting a proposed instruction alone is not enough; a timely objection must also be made if the court omits the instruction or gives an erroneous one.
Key Term: Waiver of Instructional Error The loss of the right to challenge a jury instruction on appeal due to failure to make a timely and specific objection at trial.
The Plain Error Exception
Even if a party fails to object as required, a court may consider a "plain error" in the instructions if the error affects substantial rights. This is a narrow exception and applies only to obvious errors that seriously affect the fairness or integrity of the proceedings.
Key Term: Plain Error (Jury Instructions) An obvious and serious mistake in a jury instruction that affects substantial rights and may be reviewed on appeal even without a proper objection.
The Process in Practice
The court must inform the parties of its proposed instructions and rulings on their requests before instructing the jury. Parties must then object promptly and specifically, stating the matter objected to and the grounds. Objections made after the jury is charged are generally too late unless the party was not previously informed of the instruction or omission.
Worked Example 1.1
A plaintiff in a federal civil trial submits a proposed instruction on damages. The court does not include the instruction in its proposed charge and does not mention it. The plaintiff does not object before the jury is instructed. After the verdict, the plaintiff appeals, arguing the court erred by omitting the instruction.
Answer: The plaintiff cannot raise the issue on appeal. Submitting a proposed instruction is not enough; the plaintiff was required to object on the record before the instructions were given to the jury. Failure to do so waives the right to challenge the omission.
Worked Example 1.2
A defendant objects to a proposed instruction before the jury is charged, but the court gives the instruction anyway. The defendant does not object again after the instruction is given. Can the defendant raise the issue on appeal?
Answer: Yes. The defendant's timely objection before the instruction was given preserves the issue for appeal. No further objection is required after the instruction is delivered.
Worked Example 1.3
A party fails to object to an erroneous instruction at trial. On appeal, the party argues the instruction was plainly wrong and affected the outcome. What must the appellate court find to consider the error?
Answer: The appellate court may review the instruction only if it finds "plain error"—that is, an obvious and serious error affecting substantial rights. This is a high threshold and rarely met.
Exam Warning
Failing to object to a jury instruction or omission at the time required by the rules almost always waives the issue for appeal. Do not assume that submitting a proposed instruction is enough—an explicit, timely objection is necessary.
Revision Tip
Always remember: objections to jury instructions must be made on the record, outside the jury's presence, and before the instructions are given. Late objections are rarely allowed.
Key Point Checklist
This article has covered the following key knowledge points:
- Parties must request jury instructions at the close of evidence or earlier if ordered.
- Objections to proposed or omitted instructions must be made on the record before the jury is charged.
- Submitting a proposed instruction alone does not preserve error; a timely objection is required.
- Failure to object as required generally waives the right to challenge the instruction on appeal.
- The "plain error" exception allows review of unpreserved errors only if they are obvious and affect substantial rights.
Key Terms and Concepts
- Jury Instruction Request
- Objection to Jury Instruction
- Waiver of Instructional Error
- Plain Error (Jury Instructions)
