Rule 51.Instructions to the Jury; Objections; Preserving a Claim of Error
Group VI: Trials · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 51 sets out how parties request jury instructions, how and when the court must give them a chance to object, and which instruction errors can still be raised on appeal even without a timely objection.
(1)Before or at the Close of the Evidence. At the close of evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give.
(2)After the Close of the Evidence. After the close of the evidence, a party may:
(A)file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and
(B)with the court's permission, file untimely requests for instructions on any issue.
(1)must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;
(2)must give the parties an opportunity to object on the record and out of the jury's hearing before the instructions and arguments are delivered; and
(3)may instruct the jury at any time before the jury is discharged.
(1)How to Make. A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection.
(2)When to Make. An objection is timely if:
(A)a party objects at the opportunity provided under Rule 51(b)(2); or
(B)a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.
(A)an error in an instruction actually given, if that party properly objected; or
(B)a failure to give an instruction, if that party properly requested it and—unless the court rejected the request in a definitive ruling on the record—also properly objected.
(2)Plain Error. A court may consider a plain error in the instructions that has not been preserved as required by Rule 51(d)(1) if the error affects substantial rights.
Comments
2017 Amendments:
Rule 51 has been amended consistent with the 2007 stylistic changes to Federal Rule of Civil Procedure 51.
Comment:
Identical to Federal Rule of Civil Procedure 51.
Plain-English Summary
Rule 51(a) covers requests for instructions. Before or at the close of evidence — or at any earlier point the court sets — a party can file and hand out written requests for the instructions it wants given. After the close of evidence, a party can still request instructions on issues that couldn't reasonably have been anticipated earlier, and, with the court's permission, can file an untimely request on any issue at all.
Rule 51(b) puts the obligation on the court: before instructing the jury and before final arguments, the judge must tell the parties the proposed instructions and the proposed rulings on their requests, and must give them a chance to object on the record, out of the jury's hearing, before those instructions and arguments are delivered. The judge can instruct the jury at any point before it's discharged.
Rule 51(c) and (d) govern how objections work and what survives on appeal. An objection has to go on the record, stating clearly what's being objected to and why. It's timely if made at the opportunity the court provides under (b)(2), or, when a party wasn't told about an instruction or ruling before that point, as soon as the party learns of it. A party can only argue on appeal that a given instruction was wrong if it properly objected, and can only argue that the court should have given a requested instruction if it properly requested that instruction and — unless the court definitively rejected the request on the record — also objected. Even without any of that preservation, though, Rule 51(d)(2) lets the court consider a plain error in the instructions if it affects a substantial right.
Frequently Asked Questions
When must I submit my requested jury instructions?
At the close of evidence or any earlier time the court sets, under Rule 51(a)(1). After the close of evidence, you can still request instructions on issues that couldn't reasonably have been anticipated sooner, or, with the court's permission, on any issue at all.
Does the court have to tell me what instructions it plans to give before closing arguments?
Yes. Rule 51(b)(1) requires the court to inform the parties of its proposed instructions and its proposed action on their requests before instructing the jury and before final arguments.
How do I properly object to a jury instruction?
Rule 51(c)(1) requires the objection to be made on the record, stating distinctly what you're objecting to and the grounds for the objection, at the opportunity the court provides outside the jury's hearing.
Can I raise an instruction error on appeal even if I didn't object at trial?
Generally you need a proper objection to preserve the error, but Rule 51(d)(2) allows the court to consider a plain error affecting a substantial right even without that preservation.
What if I requested an instruction but never got a clear ruling on it before I had a chance to object?
Under Rule 51(d)(1)(B), you preserve the failure-to-give error if you properly requested the instruction, and, unless the court made a definitive on-record rejection of that request, you also objected once given the opportunity.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as:dc jury instructions ruleobjecting to jury instructions dcplain error jury instruction dcrequesting jury instructions dc superior court