(a) Pre-instruction. Prior to the presentation of evidence, the court may pre-instruct the jury on the elements of the pleaded causes of action and claimed defenses.
Rule 51.Instructions to Jury.
Last amended July 1, 2000 · Last verified July 3, 2026
In one sentenceRule 51 sets the procedure for giving jury instructions, from pre-instruction through requests, settlement of the final charge, and objections.
Full Text of Rule 51
(b) Requests. At the close of the evidence or at such earlier time during the trial 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.
(c) Settlement. When requests are filed, counsel shall be entitled to be heard thereon. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury. Whenever the court refuses to give any requested instruction, the court shall write the word "refused" in the margin thereof. Whenever the court approves any requested instruction, the court shall write the word "given" in the margin thereof. Whenever the court modifies any requested instruction, the court shall mark the same in such manner that it shall distinctly appear what part is refused and what part is given. Instructions to which no objection is made shall be marked "given by agreement" and no later objection thereto may be made or allowed. Unless the court shall take action pursuant to subdivision (d) of this rule, instructions settled as above set forth shall be read to the jury.
(d) Court's instructions. The court may revise the language of any or all of the requested instructions which are approved by the court in whole or in part pursuant to subdivision (c) of this rule and of any or all of the requested instructions to which no objection is made, and may combine such instructions, with or without any additional instructions which the court shall deem appropriate, in such manner as the court believes will eliminate repetition and will afford to the jury an adequate and understandable charge. If no written requests for instructions are filed the court shall prepare its own instructions. Any revision made and any instructions prepared by the court pursuant to the foregoing provisions shall be reduced by the court to writing, and counsel shall be entitled to be heard thereon. The court shall inform counsel of its proposed action with respect to any such revision made or instructions prepared by the court, and any changes therein made by the court shall be reduced to writing and submitted to counsel prior to their arguments to the jury. Instructions settled as above set forth shall be read to the jury.
(e) Oral comment. The court shall in no case orally qualify, modify or explain to the jury any instruction, whether settled pursuant to subdivision (c) or pursuant to subdivision (d) of this rule. If, during deliberation on its verdict, the jury shall request further instructions, the court may further instruct the jury in accordance with instructions prepared by the court and reduced to writing, first submitting the same to counsel.
(f) Instructions and objections. Except upon good cause articulated by the court, the court shall instruct the jury before the arguments are begun and shall provide to each juror, including alternates, a copy of the jury instructions, to follow along as instructions are read. The court's good cause findings need not be written, but must be articulated clearly in a reported proceeding. The court may, as it deems necessary or appropriate, give additional instructions after arguments are concluded and before the jury retires. No party may assign as error the giving or the refusal to give, or the modification of, an instruction, whether settled pursuant to subdivision (c) or subdivision (d), of this rule, unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection. Opportunity shall be given to make the objection out of the hearing of the jury.
Amendment History
Amended December 7, 1999, effective January 1, 2000
further amended March 24, 2000, effective July 1, 2000
Plain-English Summary
Before evidence is even presented, the court may pre-instruct the jury on the elements of the claims and defenses at stake. As trial proceeds, any party can file written requests asking the court to instruct the jury on specific points of law, and once requests are filed, counsel gets a chance to argue them before the court settles on its final instructions. The court marks each requested instruction "refused," "given," or shows exactly how it was modified, and any instruction nobody objects to gets marked "given by agreement," foreclosing objection later. The court can also revise or combine approved and unopposed instructions into a clearer charge, or draft its own instructions from scratch if no party files any, always giving counsel a chance to be heard on the final product before closing arguments.
Whatever instructions the court eventually settles on, it can't orally qualify, modify, or explain them to the jury, whether they came from a party's request or the court's own drafting; if the jury asks for further instructions during deliberations, the court can only respond with additional written instructions shared with counsel first. Ordinarily the jury gets instructed, and given its own written copy, before closing arguments begin, though the court can add instructions afterward for good cause. To preserve an objection to any instruction on appeal, a party must object before the jury retires, stating clearly what the objection is and why, out of the jury's hearing.
Frequently Asked Questions
Can the court instruct the jury before any evidence is presented?
Yes. Rule 51(a) lets the court pre-instruct the jury on the elements of the pleaded claims and defenses before evidence is presented.
Can the judge explain a jury instruction out loud during trial?
No. Rule 51(e) bars the court from orally qualifying, modifying, or explaining any instruction to the jury, however it was settled.
What does a party have to do to preserve an objection to a jury instruction?
Object before the jury retires to deliberate, stating distinctly what's being objected to and the grounds for it, out of the jury's hearing.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 51). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: jury instructionssettling jury instructionsobjecting to jury instructions