Requests for Jury Instructions

When the requests for jury instructions is used

Timing: before or at trial, by the deadline in the pretrial order, and at the close of the evidence. This step belongs to the trial stage. At this point, the judge or jury hears evidence and decides the disputed facts.

What the rule requires

• At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give (Rule 51(a)(1)).
• After the close of the evidence, a party may file requests for instructions on issues that could not reasonably have been anticipated by an earlier time the court set, and, with the court's permission, untimely requests on any issue (Rule 51(a)(2)).
• The court must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments, and must give the parties an opportunity to object on the record and out of the jury's hearing (Rule 51(b)).
• A party who objects must do so on the record, stating distinctly the matter objected to and the grounds for the objection (Rule 51(c)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 51 online. Also, the federal judiciary publishes the current rules and recent amendments.

The requests for jury instructions in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar requests for jury instructions procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Jury trial: a trial in which a jury decides the facts and returns a verdict, while the judge decides questions of law.

Related procedures

Similarly, these procedures often come up alongside it:

• Jury Demand: a written demand for a jury trial on issues triable by a jury.
• Motion in Limine: a pretrial motion asking the court to rule in advance on whether particular evidence may be used at trial.
• Motion for a New Trial: a request that the court grant a new trial on all or some issues.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on requests for jury instructions. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.