27.04.070 Jury Instructions.
(1) By the date of the trial readiness hearing, or at a later time if directed by the Court, either party may file a written request that the Court instruct the jury on the law as stated in the requests. At that same time, the party filing the request shall give copies of request and instructions to the adverse party.
(2) Each instruction must be labeled and must be numbered at the bottom center of the page to identify the party submitting the instruction (e.g., “Plaintiff’s Instruction No. 1”), and must include any citation to the authority that forms the basis for it. All instructions must be short, concise, understandable, and neutral statements of law. Argumentative instructions are improper and will not be given.
(3) Each party shall file its objections, if any, to the jury instructions proposed by any other party no later than five business days before trial. Any such objections must recite the proposed instruction in its entirety and specifically highlight the objectionable language contained in the instructions. The objection must contain both a concise argument why the proposed language is improper and citation to relevant legal authority. Where applicable, the objecting party must submit, in conformity with subsection (1) of this section, an alternative instruction covering the pertinent subject matter or principle of law. Either party may submit a brief written reply in support of its proposed instructions on the day of trial. The Court shall inform both parties of its decision regarding the requests prior to their arguments to the jury, but the Court shall instruct the jury in regards to the instructions after the arguments are completed.
(A) No party may assign as error any portion of the charge or omission from the instructions unless they object to the instructions before the jury retires to consider its verdict, stating distinctly the matter to which they object and the grounds of their objection. Opportunity must be given to make the objection out of the hearing of the jury and, on request of any party, out of the presence of the jury.
(4) The Court may decide whether to include the requested instructions or not to include the requested instructions. In addition, the decision whether or not to permit the jury to have a written copy of the instructions is discretionary with the judge.