Unless otherwise ordered, jury instructions must be submitted consistent
with the following:
(a) Each instruction must begin on a separate page, must be numbered
consecutively, and must cite to the model or uniform jury instruction number,
where applicable. The principle stated in one instruction should not be repeated in
any other instruction.
(b) All instructions should be concise, clear, understandable, and contain
neutral statements of law. Argumentative instructions are improper, will not be
given, and should not be submitted.
(c) A judge may have designated a set of standard jury instructions that
can be found on the court’s website under “Judges’ Requirements.” If so, these
jury instructions should be considered for inclusion.
(d) Any modifications of the Ninth Circuit Model Jury Instructions or any
other form instructions must specifically identify the modification made and the
authority supporting the modification.
(e) The parties shall serve their proposed instructions upon each other at
least twenty-one (21) days prior to trial. The parties must then meet, confer in
good faith, and submit one complete set of agreed upon instructions.
(f) If the parties cannot agree on one complete set of instructions, they
shall submit one set of those instructions on which agreement was reached, and
each party should additionally submit a separate set of proposed instructions on
which agreement could not be reached.
(g) These jointly agreed upon instructions and separately proposed
instructions must be filed at least fourteen (14) days prior to trial. Each party
should then file, at least seven (7) days before trial, its objections to the
instructions proposed by the other party. All objections shall be in writing and
shall set forth the proposed instruction in its entirety. The objection shall then
specifically set forth each objectionable matter in the proposed instruction
including any argument and citation to authority explaining the basis of the
objection. When applicable, the objecting party shall submit an alternative
instruction covering the subject or principle of law.
(h) In addition to filing the instructions, the parties shall concurrently
submit an electronic copy of their agreed upon and separately proposed
instructions to the court by e-mail in Word format unless otherwise directed by the
court.
(i) The trial judge shall schedule a hearing to settle any jury instructions
that have not been agreed upon.
(j) Failure to comply with any requirement of this rule may result in
sanctions in accordance with LR11.1.
