Rule 2.1055. Proposed jury instructions
(1)This rule applies to proposed jury instructions that a party submits to the court, including:
(A)"Approved jury instructions," meaning jury instructions approved by the Judicial Council of California; and
(B)"Special jury instructions," meaning instructions from other sources, those specially prepared by the party, or approved instructions that have been substantially modified by the party.
(2)This rule does not apply to the form or format of the instructions presented to the jury, which is a matter left to the discretion of the court.
(Subd (a) amended effective August 26, 2005; previously amended effective January 1, 2003, and January 1, 2004.)
(b) Form and format of proposed instructions
(1)All proposed instructions must be submitted to the court in the form and format prescribed for papers in the rules in division 2 of this title.
(2)Each set of proposed jury instructions must have a cover page, containing the caption of the case and stating the name of the party proposing the instructions, and an index listing all the proposed instructions.
(3)In the index, approved jury instructions must be identified by their reference numbers and special jury instructions must be numbered consecutively. The index must contain a checklist that the court may use to indicate whether the instruction was:
(A)Given as proposed;
(B)Given as modified;
(4) Each set of proposed jury instructions filed on paper must be bound loosely.
(Subd (b) amended effective January 1, 2016; previously amended effective July 1, 1988, January 1, 2003, January 1, 2004, and January 1, 2007.)
(c) Format of each proposed instruction
Each proposed instruction must:
(1)Be on a separate page or pages;
(2)Include the instruction number and title of the instruction at the top of the first page of the instruction; and
(3)Be prepared without any blank lines or unused bracketed portions, so that it can be read directly to the jury.
(Subd (c) amended effective January 1, 2004; previously amended effective July 1, 1988, April 1, 1962, and January 1, 2003.)
(d) Citation of authorities
For each special instruction, a citation of authorities that support the instruction must be included at the bottom of the page. No citation is required for approved instructions.
(Subd (d) adopted effective January 1, 2004.)
(e) Form and format are exclusive
No local court form or rule for the filing or submission of proposed jury instructions may require that the instructions be submitted in any manner other than as prescribed by this rule.
(Subd (e) adopted effective January 1, 2004.)
Rule 2.1055 amended effective January 1, 2016; adopted as rule 229 effective January 1, 1949; previously amended effective April 1, 1962, July 1, 1988, January 1, 2003, January 1, 2004, and August 26, 2005; previously amended and renumbered as rule 2.1055 effective January 1, 2007.
Advisory Committee Comment
This rule does not preclude a judge from requiring the parties in an individual case to transmit the jury instructions to the court electronically.