Rule 1.925.Additional instructions
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.925
Plain-English Summary
Sometimes a jury runs into a question mid-deliberation that calls for more guidance from the court. Rule 1.925 lets the court, in its discretion, give the jury further instruction while it deliberates — but only in the presence of counsel, or after notice to counsel, so no side is shut out of that moment.
The additional instruction has to follow the same formal path as the original instructions: it must be in writing, filed with the other instructions in the case, and made part of the record. If a party objects to what the court told the deliberating jury, that objection belongs in the motion for new trial, not in some separate challenge raised in the moment.
Frequently Asked Questions
Can the court instruct the jury further once it has already started deliberating?
Yes. Rule 1.925 lets the court, in its discretion, further instruct the jury while it deliberates, either in the presence of counsel or after giving counsel notice.
Does a supplemental instruction given during deliberations have to be in writing?
Yes. Rule 1.925 requires such an instruction to be in writing, filed as other instructions in the case, and made part of the record.
How do I object to an instruction the court gives the jury during deliberations?
Rule 1.925 directs that any objection to such an instruction be made in a motion for new trial.
Does the court have to notify both sides before giving the jury more instructions?
The instruction must be given in the presence of counsel, or after notice to counsel, so both sides get either direct presence or advance notice before it happens.
Is a supplemental instruction under this rule discretionary or mandatory?
Discretionary. Rule 1.925 says the court "may in its discretion" give further instruction, leaving the decision to the court rather than requiring it.