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Rule 51.1.Colorado Jury Instructions

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRequires Colorado trial judges to draw civil jury instructions from the Colorado Jury Instructions (CJI) pattern set whenever an applicable pattern exists, and sets the standard for departing from CJI language when the law or facts call for something different.

Full Text of Rule 51.1

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(1) In instructing the jury in a civil case, the court shall use such instructions as are contained in Colorado Jury Instruction (CJI) as are applicable to the evidence and the prevailing law.
(2) In cases in which there are no CJI instructions on the subject, or in which the factual situation or changes in the law warrant a departure from the CJI instructions, the court shall instruct the jury as to the prevailing law applicable to the evidence in a manner which is clear, unambiguous, impartial and free from argument, using CJI instructions as models as to the form so far as possible.

Amendment History

The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.

Plain-English Summary

Rule 51.1 tells a judge which instructions to use when charging a civil jury. If a Colorado Jury Instruction fits the evidence and the law governing the case, the court must use it. This keeps juries across the state hearing the same language for the same legal concepts, which helps litigants predict how a case will be framed and helps appellate courts compare cases on equal footing.

Not every case fits a pattern instruction. When no CJI instruction addresses the issue, or when the facts or a change in the law make an existing pattern instruction a poor fit, the judge must write a substitute. That instruction has to state the governing law in language that is clear, unambiguous, impartial, and free of argument, and the judge should model its form on the CJI instructions as closely as possible.

Frequently Asked Questions

Are the Colorado Jury Instructions themselves the law?

No. They are drafting aids that must accurately reflect the prevailing law, and a court cannot use one that misstates the law that applies to the case.

Can a judge depart from a pattern jury instruction?

Yes, when no CJI instruction fits the subject or the facts or a change in the law make an existing pattern instruction inappropriate. The court must then draft its own instruction, modeled on CJI form, that states the law clearly and without argument.

What if there is no CJI instruction on my issue at all?

The court still must instruct the jury on the applicable law, using language that is clear, unambiguous, impartial, and free from argument, and following CJI form as a model where possible.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 51.1). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source
Also known as: Colorado Jury Instructions ruleCJI pattern jury instructionsCRCP 51.1when can a judge depart from pattern jury instructionsColorado civil jury instruction requirement