Rule 51 – Instructions to the jury; objections; preserving a claim of error

May 14, 2021 | Civil Procedure, Wyoming

(a) Requests.

(1) Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written request for the jury instructions it wants the court to give.
(2) After the Close of the Evidence. After the close of the evidence, a party may:

(A) file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and
(B) with the court’s permission, file untimely requests for instructions on any issue.
(b) Instructions. The court:

(1) must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;
(2) must give the parties an opportunity to object on the record and out of the jury’s hearing before the instructions and arguments are delivered; and
(3) may instruct the jury at any time before the jury is discharged.
(c) Objections.

(1) How to Make. A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection.
(2) When to Make. An objection is timely if:

(A) a party objects at the opportunity provided under Rule 51(b)(2); or
(B) a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.
(d) Record. The instructions to the jury, exclusive of rulings which are recorded by the court for inclusion in any record, shall be reduced to writing, numbered and delivered to the jury and shall be part of the record in the case.

Wyo. R. Prac. & P. 51

Adopted effective March 1, 2017