(1) At any time before or during the trial, the court may direct the parties to tender written instructions. At the close of the evidence any party may move the court to instruct the jury on any matter appropriate to the issues in the action.
Rule 51.Instructions to jury -- Objections.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 51 governs jury instructions: it lets the court require written instructions before or during trial, requires the court to show parties its final instructions before closing arguments so they can object outside the jury's hearing, and bars claims of instruction error on appeal without an offered instruction or a specific objection on the record.
Full Text of Rule 51
(2) After considering any tendered instructions and motions to instruct and before the commencement of the argument, the court shall show the parties the written instructions it will give the jury, allowing them an opportunity to make objections out of the hearing of the jury. Thereafter, and before argument to the jury, the written instructions shall be given.
(3) No party may assign as error the giving or the failure to give an instruction unless he has fairly and adequately presented his position by an offered instruction or by motion, or unless he makes objection before the court instructs the jury, stating specifically the matter to which he objects and the ground or grounds of his objection.
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 51 sets the process courts and parties follow to arrive at the instructions a jury will receive, and to preserve any disagreement with those instructions for later review. At any point before or during trial, the judge can direct the parties to submit their own proposed written instructions. Once the evidence closes, any party can ask the court to instruct the jury on a matter it thinks the instructions should cover.
Before closing arguments begin, the court has to show the parties the written instructions it plans to give the jury. That step matters: it is the parties' chance to object, out of the jury's hearing, before those instructions become final. Only after that exchange, and before the arguments to the jury, do the written instructions get delivered.
The rule is strict about what preserves an objection for appeal. A party cannot later claim the court gave a wrong instruction, or should have given one it did not, unless that party either offered its own instruction or motion covering the point, or objected before the court instructed the jury -- and the objection has to identify the specific instruction and the specific ground for objecting to it. A vague or general objection will not preserve the issue.
Frequently Asked Questions
When do I have to object to jury instructions in a Kentucky civil case?
Before the court instructs the jury, out of the jury's hearing, and you must state specifically the matter you object to and the grounds for the objection. Objecting later, or only in general terms, does not preserve the issue for appeal.
Can a Kentucky court require the parties to submit written jury instructions before trial?
Yes. Rule 51 lets the court direct the parties to tender written instructions at any time before or during trial.
What happens if I never object to a jury instruction I disagree with?
You cannot assign the instruction as error on appeal unless you presented your position through an offered instruction or motion, or objected before the jury was instructed, stating the specific matter and grounds.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 51). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: jury instructions kentucky civil caseobjecting to jury instructions CR 51when to object to jury instructions kentuckywritten jury instructions requirement kentuckypreserving jury instruction error for appeal