Rule 51 — Instructions to the Jury; Objections; Preserving a Claim of Error

Fed. R. Civ. P. 51

• Source: Federal Rules of Civil Procedure
• Rule: 51
• TITLE VI: TRIALS
• Citation: Fed. R. Civ. P. 51

Text

(a) REQUESTS.
(1) Before or at the Close of the Evidence. At the close of the
evidence or at any earlier reasonable time that the court or-
ders, a party may file and furnish to every other party written
requests for the jury instructions it wants the court to give.
(2) After the Close of the Evidence. After the close of the evi-
dence, a party may:
(A) file requests for instructions on issues that could not
reasonably have been anticipated by an earlier time that
the court set for requests; and
(B) with the court’s permission, file untimely requests
for instructions on any issue.
(b) INSTRUCTIONS. The court:
(1) must inform the parties of its proposed instructions and
proposed action on the requests before instructing the jury
and before final jury arguments;
(2) must give the parties an opportunity to object on the
record and out of the jury’s hearing before the instructions
and arguments are delivered; and
(3) may instruct the jury at any time before the jury is dis-
charged.
(c) OBJECTIONS.
(1) How to Make. A party who objects to an instruction or the
failure to give an instruction must do so on the record, stating
distinctly the matter objected to and the grounds for the ob-
jection.
(2) When to Make. An objection is timely if:
(A) a party objects at the opportunity provided under
Rule 51(b)(2); or
(B) a party was not informed of an instruction or action
on a request before that opportunity to object, and the
party objects promptly after learning that the instruction
or request will be, or has been, given or refused.
(d) ASSIGNINGERROR; PLAINERROR.
(1) Assigning Error. A party may assign as error:
(A) an error in an instruction actually given, if that
party properly objected; or
(B) a failure to give an instruction, if that party properly
requested it and—unless the court rejected the request in
a definitive ruling on the record—also properly objected.
(2) Plain Error. A court may consider a plain error in the in-
structions that has not been preserved as required by Rule
51(d)(1) if the error affects substantial rights.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 30, 2007, eff. Dec. 1, 2007.)