Where either party asks special instructions to be given to the jury, the Court must either give such instruction, as requested, or refuse to do so, or give the instruction with a modification, in such manner that it may distinctly appear what instructions were given in whole or in part.
§ 609.Special Instructions Given 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 609 requires the court, when either party requests a special jury instruction, to give the instruction as requested, refuse it, or give it with a modification, in a manner that makes clear exactly which instructions were given in whole or in part.
Full Text of § 609
Plain-English Summary
Requesting a special instruction gets a party a definite answer, one way or another. The court must either give the instruction exactly as requested, refuse it outright, or give it with some modification — but whichever path it takes, the record has to distinctly show what was given, in whole or in part.
That clarity requirement matters on appeal. Without a clear record of which instructions were given, refused, or modified, a party would have no reliable way to challenge an instructional error later.
Frequently Asked Questions
What are the court's three options when a party requests a special instruction?
Give it as requested, refuse to give it, or give it with a modification.
Why does it matter how the instruction is documented?
Section 609 requires the record to distinctly show which instructions were given in whole or in part, preserving a clear basis for review.
Does this apply to instructions the court proposes on its own?
Section 609 addresses instructions either party asks the court to give — § 607a governs the broader process for submitting and ruling on all proposed instructions.
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: special jury instructions californiamodified jury instruction