(a) Reserved
(b) Reserved
(c) Reserved
(d) Reserved
(e) Joint Instructions
Twenty-one days before jury instructions are due, the parties shall exchange proposed jury
instructions, verdict forms, and, if necessary, special interrogatories. Plaintiff is responsible for
submitting proposed standard civil instructions and proposed instructions on any issue on which
plaintiff bears the burden of proof. Defendant is responsible for submitting proposed instructions
on any issue on which defendant bears the burden of proof. The parties shall confer with the
objective of filing with the court one set of agreed-upon instructions, verdict forms, and
interrogatories which addresses all elements of all claims and defenses in the case.
(f) Disputed Instructions
If the parties cannot agree on one complete set of instructions, verdict forms, and interrogatories,
they shall file two documents with the court. The first document, titled “Joint Instructions,” shall
reflect all agreed-upon instructions, verdict forms, and interrogatories. The second document,
titled “Joint Statement of Disputed Instructions,” shall present each disputed instruction, verdict
form, and/or interrogatories in the following order:
(1) At the top of the page, the proposed language shall be set forth with an identification
of the party proposing it and a statement of any legal authority in support of the proposed
language (not to exceed one page);
(2) Immediately following the proposed language and supporting legal authority, the
opposing party shall set forth its alternative language, if any, and its objections to the
proposed language along with any legal authority in support of the objections (not to
exceed one page).
(g) Format
Each proposed instruction, whether filed jointly or under objection, shall be submitted on
numbered paper. Each proposed instruction shall bear a unique instruction number and brief title
at the top of the page. At the bottom of the page, the parties shall identify the source(s) of the
proposed instruction if the source is a model or pattern jury instruction; otherwise, the parties
must include other citations to relevant authority.
The parties shall propose instructions from the most recent version of the Manual of Model Jury
Civil Rules
Instructions for the Ninth Circuit (see www.wawd.uscourts.gov) wherever appropriate. If
Washington State law is to be applied to a particular issue and the federal model instructions are
not applicable, the parties shall advise the court of any applicable portion of the Washington
Pattern Jury Instructions--Civil, and either propose that instruction or explain why the court
should not give it. Any modifications to instructions taken from the above sources or from any
other form instructions must be specifically noted such that the court and opposing parties are
able to identify each modification. Any authority supporting the modification shall also be
noted.
A table of contents shall be included with all jury instructions submitted to the court. The table
of contents shall set forth the following information:
(1) the number of the instruction;
(2) a brief title of the instruction;
(3) the source of the instruction;
(4) the page number of the instruction; and
(5) the proposing party(ies).
For example:
Number Title Source Page No. Party
3 Burden of Proof 9th Cir. 5.1 4 plaintiff
4 Disability Defined WPIC 330.32 18 defendant
(h) Filing
The “Joint Instructions” and any “Joint Statement of Disputed Instructions” shall be filed and
shall be attached as a Word or WordPerfect compatible file to an email sent to the email orders
address of the assigned judge pursuant to the court’s electronic filing procedures. The assigned
judge may impose additional requirements for submitting proposed jury instructions during a
pre-trial conference, in the applicable case management order, or by other order. Further
clarification may be obtained by reviewing the assigned judge’s web page at http://
www.wawd.uscourts.gov and/or by contacting the assigned judge’s courtroom deputy.
(i) Copy of Instructions for Jury Use
The court will provide written copies of the instructions to the jury.
Civil Rules
