At the close of the evidence or at such earlier time as the Court reasonably directs, any party may file written requests that the Court instruct the jury on the law as set forth in the requests. The Court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury. The Court may instruct the jury before or after the arguments are completed and such other times, including prior to the introduction of evidence, as the Court may desire. No party may assign as error the giving or the failure to give an instruction unless a party objects thereto before or at the time set by the Court immediately after the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the party’s objection. Opportunity shall be given to make the objection out of the hearing of the jury.
Rule 51.Instructions to jury; objection
Part VI: Trials · Last amended December 6, 1995 · Last verified July 28, 2026
In one sentenceRule 51 lets any party file written requests for jury instructions at the close of evidence or earlier, requires the Court to tell counsel its proposed action on those requests before closing arguments, and bars a party from assigning error to an instruction given or refused without a timely, specific objection.
Full Text of Rule 51
Amendment History
Amended, effective Jan. 1, 1965; Jan. 1, 1991; Dec. 6, 1995.
Plain-English Summary
Rule 51 gives a party the right to file written requests asking the Court to instruct the jury on specified points of law, submitted at the close of the evidence or at whatever earlier point the Court reasonably directs. Before the parties argue the case to the jury, the Court has to let counsel know how it plans to handle those requests, so the arguments can account for what the jury will be told. The Court itself has flexibility in timing — it can instruct the jury before or after closing arguments, and at other points it thinks appropriate, including before any evidence comes in.
The rule's real teeth sit in its objection requirement. A party can't claim error in an instruction the Court gave, or in one it refused to give, unless that party objected before, or at whatever time the Court sets right after, the jury retires to deliberate — and the objection has to state distinctly what the party is objecting to and why. The Court has to give the parties a chance to make that objection outside the jury's hearing.
Frequently Asked Questions
When do I need to submit my written requests for jury instructions?
Rule 51 allows requests at the close of the evidence, or at an earlier time the Court reasonably directs.
Does the Court have to tell me how it will rule on my instruction requests before I argue to the jury?
Yes. Rule 51 requires the Court to inform counsel of its proposed action on the requests before the parties argue the case to the jury.
Can I challenge a jury instruction on appeal if I didn't object to it at trial?
Generally, no. Rule 51 bars a party from assigning error to an instruction given or refused unless the party objected before, or at the time the Court sets immediately after, the jury retires, stating distinctly the objection and its grounds.
Do I have to object to a jury instruction in front of the jury?
No. Rule 51 requires the Court to give the parties an opportunity to make their objections out of the jury's hearing.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: jury instruction objection delawarerequesting jury instructions delaware civilhow to preserve instruction errorrule 51 jury chargeobjecting to jury charge delaware