In charging the jury the Court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact. The Court must furnish to either party, at the time, upon request, a statement in writing of the points of law contained in the charge, or sign, at the time, a statement of such points prepared and submitted by the counsel of either party.
§ 608.Charging Jury
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 608 lets the court state to the jury whatever matters of law it thinks necessary when charging them, requires the court to inform the jury that they are the exclusive judges of the facts if it comments on the evidence, and requires the court to furnish either party a written statement of the legal points in the charge upon request.
Full Text of § 608
Plain-English Summary
When the court charges the jury at the close of trial, it may explain whatever legal principles it considers necessary to guide their verdict. But if the court also comments on the testimony or evidence in the case, it must make one thing unmistakably clear to the jury: they, and only they, are the judges of every question of fact.
Either party can also get the legal side of the charge in writing. On request, the court must furnish a written statement of the points of law it covered, or sign a written statement of those points that counsel for either party prepared and submitted.
Frequently Asked Questions
Can the judge comment on the evidence while charging the jury?
Yes, but if the judge does, § 608 requires informing the jury that they remain the exclusive judges of all questions of fact.
Can a party get a written copy of the legal instructions given?
Yes. Either party can request a written statement of the points of law in the charge, and the court must furnish one or sign a version counsel prepared.
Does this section require the court to instruct on every possible legal issue?
No. It gives the court discretion over what matters of law it thinks necessary for the jury's information.
Amendment History
Enacted 1872.
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
Also known as: charging the jury californiajury exclusive judges of fact