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Rule 51 – Instructions to the Jury; Objection

May 14, 2021 | Civil Procedure, Ohio

(A) Instructions; error; record. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. Copies shall be furnished to all other parties at the time of making the requests. The court shall inform counsel of its proposed action on the requests prior to counsel’s arguments to the jury and shall give the jury complete instructions after the arguments are completed. The court also may give some or all of its instructions to the jury prior to counsel’s arguments. The court shall reduce its final instructions to writing or make an audio, electronic, or other recording of those instructions, provide at least one written copy or recording of those instructions to the jury for use during deliberations, and preserve those instructions for the record.

On appeal, a party may not assign as error the giving or the failure to give any instruction unless the party objects before the jury retires to consider its verdict, stating specifically the matter objected to and the grounds of the objection. Opportunity shall be given to make the objection out of the hearing of the jury.

(B) Cautionary instructions. At the commencement and during the course of the trial, the court may give the jury cautionary and other instructions of law relating to trial procedure, credibility and weight of the evidence, and the duty and function of the jury and may acquaint the jury generally with the nature of the case.

Ohio. Civ.R. 51

Effective:July 1, 1970; amended effective July 1, 1972;July 1, 1975;July 1, 1992;July 1, 2005.

Staff Note (July 1, 2005 Amendment)

Rule 51(A) Instructions; error; record

Civ. R. 51 is amended to reflect a recommendation of the Task Force on Jury Service. See Report and Recommendations of the Supreme Court of Ohio Task Force on Jury Service at 1 and 12-13 (February 2004). The amendment mandates practices that trial courts have frequently chosen to adopt in particular civil actions: (1) reducing final jury instructions to writing or making an audio, electronic, or other recording of those instructions; (2) providing at least one written copy or recording of those instructions to the jury for use during deliberations; and (3) preserving those instructions for the record.

R.C. 2315.01(G) provides that (1) “[a]ny charge shall be reduced to writing by the court if either party, before the argument to the jury is commenced, requests it;” (2) “[a]ll written charges and instructions shall be taken by the jurors in their retirement;” and (3) “[a]ll written charges and instructions . . . shall remain on file with the papers of the case.” The Modern Courts Amendment, art. IV, § 5(B), of the Ohio Constitution, provides that “[a]ll laws in conflict with [valid Civil Rules] shall be of no further force or effect after such rules have taken effect.” Some aspects of R.C. 2315.01 appear to have survived promulgation of the Civil Rules. Phung v. Waste Mgt., Inc., 71 Ohio St.3d 408, 410 (1994) (R.C. 2315.01(C) ); State v. Jenkins, 15 Ohio St.3d 164, 214 and n.43 (1984) (R.C. 2315.01(C), 2315.01(F) ). However, to the extent that any of the provisions of R.C. 2315.01(G) quoted above are interpreted as conflicting with amended Civ. R. 51, the rule presumably supersedes the code section by virtue of art. IV, § 5(B). See generally 1 Klein and Darling, Baldwin’s Ohio Practice, Civil Practice § 1:96 (2d ed. 2004) and Harper and Solimine, 4 Anderson’s Ohio Civil Practice § 147.01 (1996); cf. Kinzer v. Wilson, 1986 WL 8182 at 2, No. 1247 (4th Dist. Ct. App., Ross, 7-22-86) (“appellants admit that R.C. 2315.01(G) has been superseded by Civ. R. 51;” “The staff note of 7-1-72 under Civ. R. 51 clearly states that Civ. R. 51(A) supersedes R.C. 2315.01(G) “); Cole v. Bollinger, 1983 WL 6936 at 3-4, No C.A. WD-83-26 (6th Dist. Ct. App., Wood, 9-2-83).

The practices mandated by the amendment are intended to increase juror comprehension of jury instructions, reduce juror questions of the court during deliberations, and help juries structure their deliberations. The Task Force recommended that “each individual juror be given a copy of written instructions but, in the event of budgetary constraints, one copy of written instructions be provided to the jury to use during the deliberation process.” Report and Recommendations, supra, at 13.