Rule 2.512.Instructions to Jury
Current through May 1, 2026 · Last verified July 6, 2026
Full Text of Rule 2.512
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Jury instructions start with written requests: the parties submit them by whatever deadline the court sets, or by the close of evidence if the court hasn't set one, and each side also submits a concise, narrative statement of the disputed factual issues the evidence supports, along with an optional statement of that party's theory of the case. The court doesn't have to use a party's exact wording for these statements, so long as the jury gets the real substance of the issues and theories, and it has to tell the attorneys what it plans to do with the requests before closing arguments. The court can also instruct the jury on a point of law at any time during trial, with or without a request, if doing so will meaningfully help the jury follow the proceedings and reach a fair verdict, and it instructs on the applicable law, the issues in the case, and any properly requested theory of the case before or after arguments (or both).
Preserving an instructional error for appeal takes more than silent disagreement: a party has to object on the record before the jury retires (or, for instructions given after deliberations start, before it resumes), specifically identifying the problem and the reason, with the chance to make that objection outside the jury's hearing. Michigan's model civil and criminal jury instructions, maintained by dedicated committees the Supreme Court appoints, don't carry the force of a court rule themselves, but the relevant portions must be given whenever they apply, accurately state the law, and a party requests them; if a committee has recommended against giving any instruction on a topic, the court can still give one only if it finds on the record that doing so is necessary to state the law accurately and the model instructions don't already cover it. None of this stops a court from writing its own additional instructions on points the models don't address, so long as they're concise, clear, and neutral in tone, styled to match the models as closely as practical.
Frequently Asked Questions
How do I request specific jury instructions in a Michigan trial?
By filing written requests by the deadline the court sets (or by the close of evidence if none is set), along with a concise statement of the disputed factual issues the evidence supports and, optionally, your theory of the case.
Does the court have to use Michigan's model jury instructions?
Yes, when they're applicable, accurately state the law, and a party requests them. The court can depart from a model instruction, or decline to give one at all where a committee recommends against it, only with findings on the record that doing so is necessary.
What do I have to do to appeal a jury instruction I disagree with?
Object on the record before the jury retires to deliberate (or resumes deliberating, for later instructions), stating specifically what you're objecting to and why; a silent or general objection generally won't preserve the issue.