A MANUAL OF JURY TRIAL PROCEDURES - 2004
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Chapter Four: Jury Instructions

4.3     Model Jury Instructions         

1. The Ninth Circuit Jury Instructions Committee has prepared Manuals of Model Jury Instructions, both civil and criminal. These instructions are continually reviewed by the Committee and updated on a regular basis. In addition to the book format, the model instructions, and revisions thereto, are available online by accessing the "Publications" area of the Ninth Circuit's website at http://www.ce9.uscourts.gov.

2. When requesting instructions relative to state law, counsel should be instructed that, where possible, they should utilize model jury instructions approved in that state.

3. As the introductions to the Ninth Circuit model instructions note, the instructions are models that must be carefully reviewed for use in a particular case. They are not intended to discourage judges from using their own forms and techniques for instructing juries. McDowell v. Calderon, 130 F.3d 833, 840 (9th Cir. 1997), cert. denied, 523 U.S. 1103 (1998).

Practical Suggestions

Manner of Submission of Instructions

1. The trial court should require that counsel submit proposed instructions prior to the commencement of the trial. Notwithstanding any deadline set by the court, however, the court is obligated under Fed. R. Crim. P. 30 to consider any instructions submitted by counsel during the trial.

2. The trial court may wish to direct counsel for each party to meet prior to trial and develop a joint set of agreed upon instructions. To the extent that counsel are unable to agree on a complete set of instructions, the court may still require the parties to submit one set of instructions. Each party can thereafter separately submit a set of supplemental proposed instructions.

3. The court may find it helpful to request that counsel submit proposed nonpattern instructions in computer format, such as on a disk in WordPerfect format or any other word processing format that may be convenient.