TITLE THREE — TRIAL PROCEEDINGS
Rule 24.2. Instructions to the Jury
Duty to Charge. At the conclusion of the argument of counsel, the court shall charge the jury with the law of the case and the penalty for the offence for which the accused is being charged. 6 R. Stat. § 131.307. The charge shall be given orally upon the record in the proceeding communications and in the presence of the defendant or, where the defendant is absent under Rule 18(c) or Rule 18.3, in the presence of counsel for the defendant, the Clerk noting the absence upon the record.
Contents. The charge shall state:
that the defendant is presumed innocent and that the presumption remains with the defendant unless and until it is overcome;
that the State bears the burden of proving each element of each offence beyond a reasonable doubt, that the burden never shifts to the defendant, and the meaning of proof beyond a reasonable doubt;
the elements of each offence charged and of each lesser included offence submitted, and the penalty for the offence charged, as 6 R. Stat. § 131.307 requires;
that a verdict of guilty may be returned only upon the unanimous consent of the jury, as Const. art. I, § 7 provides;
that the jury is to determine the facts from the evidence admitted, that the statements, questions, objections, and arguments of counsel are not evidence, and that matter struck or excluded is not evidence;
the rules governing direct and circumstantial evidence, the credibility of witnesses, and the weight to be given to the testimony of an expert;
any limiting instruction required by Rid. R. Evid. 105, and any instruction required by Rid. R. Evid. 1101, 1102, 1103, 1104, 1105, or 68;
where the defendant has not testified and so requests, that the defendant’s election not to testify shall not be considered against the defendant;
that the jury shall not consider any restraint or removal of the defendant in assessing the proof, where such an instruction is requested under Rule 45(a); and
the form of the verdict and the manner of its return.
Requests for Instructions.
Right to Request. At or after the close of the evidence, a party may file written requests that the court instruct the jury on the law as stated in the requests. 6 R. Stat. § 131.308.
Form. Each request shall be separately numbered, shall state a single proposition of law, shall be framed in the language proposed to be given to the jury, and shall cite the authority upon which it rests.
Filing and Presentation. Requests shall be filed in the electronic filing system under Rule 32 and shall be stated upon the record in the proceeding communications. The court may act upon a request presented upon the record without awaiting its acceptance for filing.
Earlier Requests. The court may direct that requests be filed at an earlier stage of the trial, but no such direction shall preclude a party from filing a request at or after the close of the evidence as 6 R. Stat. § 131.308 permits.
Modification. A request once filed cannot be amended or withdrawn in the electronic filing system. A party who wishes to modify a request shall state the modification upon the record and file a corrected request, which bears its own filing date. The court shall state upon the record which request is before it.
Charge Conference.
When Held. Before the arguments of counsel to the jury, the court shall hold a conference upon the record and out of the hearing of the jury.
Proposed Action. The court shall inform counsel of its proposed action on the requests before their arguments to the jury. 6 R. Stat. § 131.308. The court shall state its action upon each request as given, given as modified, refused, or reserved.
Effect. Counsel may rely in argument upon an instruction that the court has stated it will give, and shall not argue a proposition that the court has stated it will refuse.
Objections.
Manner. A party who objects to an instruction given or to the failure to give a requested instruction shall state distinctly the matter objected to and the grounds of the objection, upon the record and out of the hearing of the jury.
Time. The objection shall be made after the charge and before the jury retires to deliberate. The court shall afford each party an opportunity to object before the jury retires.
No Repetition Required. An objection stated at the charge conference under Rule 24.2(d) and renewed by reference after the charge is sufficient; a party need not restate the grounds.
Curative Instruction. Where the court gives a curative or supplemental instruction and a party is dissatisfied with it, that party shall state a further objection as provided by Rid. R. Evid. 1107(c).
Preservation of Error. A claim of error in the charge or in the refusal of a requested instruction is preserved only where the request was presented and the objection was made as this rule provides. An error not so preserved may be reviewed only where it would constitute fundamental error. 6 R. Stat. § 131.803(a). Rule 22 governs the form and effect of an objection generally, and Rule 26 governs requests for rulings of law in a trial without a jury.
Written Charge. The court may furnish the jury with a written copy of all or part of the charge and of the verdict form. Any writing so furnished shall be transmitted in the deliberation channel and entered upon the record, and a copy shall be furnished to each party.
Supplemental Instructions.
On Request of the Jury. Where the jury requests further instruction, the request shall be entered upon the record. The court shall afford the parties notice and an opportunity to be heard upon the record before responding, and shall give any supplemental instruction in the presence of the defendant or, where the defendant is absent under Rule 18(c) or Rule 18.3, in the presence of counsel for the defendant.
On the Court’s Own Motion. The court may give a supplemental instruction upon its own motion, subject to the same notice and opportunity to be heard.
Reinstruction. Where the court reinstructs upon a subject, it shall do so in a manner that does not give undue emphasis to any part of the charge.
Preliminary and Cautionary Instructions. The court may instruct the jury before the taking of evidence and at any time during the trial upon the duties of jurors, upon the order of proceedings, and upon the limited purpose for which evidence has been admitted.
Record. The Clerk shall enter upon the docket each request filed, the court’s action upon each request, the charge as given, each objection to the charge, and each supplemental instruction.