Rule 26. Requests for Rulings

In General. Requests for rulings in the trial of a case shall be in writing and shall be presented to the court before the beginning of closing arguments, unless consent of the court is given to present requests later.

Application. This rule governs requests for rulings of law in a trial without a jury and in any hearing tried to the court. In a trial to a jury, requests that the jury be instructed upon the law are governed by Rule 24.2; a request for a ruling of law that does not seek an instruction may be presented under this rule.

Form. Each request shall be separately numbered, shall state a single proposition of law, and shall cite the constitutional provision, statute, rule, or decision upon which it rests. A request shall not recite the evidence except so far as is necessary to identify the proposition to which the request is directed.

Filing and Presentation. A request 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. A request once filed cannot be amended or withdrawn in the electronic filing system; a party who wishes to modify a request shall state the modification upon the record and file a corrected request, which bears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.

Action by the Court. The court shall grant or deny each request and shall state its action upon the record before or at the time it announces its finding. The court may grant a request as modified, stating the modification. A request granted shall be applied by the court in reaching its decision. Where the court declines to act upon a request, it shall state the reason upon the record.

Requests Rendered Immaterial. The court may decline to rule upon a request that has become immaterial in view of the findings made, and shall state upon the record that it so declines and why.

Preservation of Error. A party preserves a claim of error as to a proposition of law by presenting a request under this rule and obtaining a ruling upon it, or, where the court declines to rule, by objecting upon the record as Rule 22 provides. A claim of error not so preserved may be reviewed only where it would constitute fundamental error. 6 R. Stat. § 131.803(a).

Late Requests. A request presented after the beginning of closing arguments shall be considered only with the consent of the court. The court shall state upon the record whether it receives the request.

Record. The Clerk shall enter upon the docket each request presented, the time of its presentation, and the action of the court upon it.