In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn, to deliver to the judge presiding at the trial and serve upon opposing counsel, all proposed instructions to the jury covering the law as disclosed by the pleadings. Thereafter, and before the commencement of the argument, counsel may deliver to such judge, and serve upon opposing counsel, additional proposed instructions to the jury upon questions of law developed by the evidence and not disclosed by the pleadings. All proposed instructions shall be typewritten, each on a separate sheet of paper. Before the commencement of the argument, the court, on request of counsel, must:
§ 607a.Delivery to Judge and Service Upon Opposing Counsel Instructions to Jury
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Last amended 1957 · Last verified July 28, 2026
In one sentenceSection 607a requires counsel in a jury trial to submit proposed jury instructions covering the law disclosed by the pleadings before the first witness is sworn, allows additional instructions on issues the evidence develops before argument begins, and requires the court to rule on all proposed instructions and inform counsel of what will be given before argument.
Full Text of § 607a
(1) decide whether to give, refuse, or modify the proposed instructions;
(2) decide which instructions shall be given in addition to those proposed, if any; and
(3) advise counsel of all instructions to be given. However, if, during the argument, issues are raised which have not been covered by instructions given or refused, the court may, on request of counsel, give additional instructions on the subject matter thereof.
Plain-English Summary
Jury instructions in California trials start early, not at the end. Before the first witness is sworn, counsel for each side must deliver to the trial judge, and serve on opposing counsel, all proposed instructions covering the law disclosed by the pleadings — each one typewritten on its own separate sheet.
As the evidence comes in, the picture can change. Before argument begins, counsel may submit additional proposed instructions covering legal questions the evidence developed but the pleadings didn't disclose. Either way, before argument starts, the court must — on request of counsel — decide whether to give, refuse, or modify each proposed instruction, decide on any additional instructions of its own, and tell counsel exactly what will be given.
Even after argument begins, the door isn't fully closed: if argument raises issues that no instruction, given or refused, has covered, the court may give additional instructions on that subject at counsel's request.
Frequently Asked Questions
When must counsel submit proposed jury instructions?
Before the first witness is sworn, covering the law disclosed by the pleadings.
Can new instructions be proposed later in the trial?
Yes, before the commencement of argument, counsel may submit additional instructions on legal questions the evidence developed but the pleadings didn't disclose.
What must the court do before argument begins?
On request of counsel, decide whether to give, refuse, or modify each proposed instruction, decide on any additional instructions, and advise counsel of everything that will be given.
Can instructions be added after argument has started?
Yes, if argument raises issues not covered by any instruction given or refused, the court may give additional instructions on that subject at counsel's request.
Amendment History
Amended by Stats. 1957, Ch. 1698.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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