(1) Before or at the close of the evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for jury instructions.
(2) After the close of the evidence. After the close of the evidence, a party may:
(A) file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and
(B) with the court's permission, file untimely requests for instructions on any issue.
(3) Form of request. The court may require each request to be written on a separate sheet. A party may request a North Dakota pattern jury instruction by reference to the instruction number.
(1) In general. The court:
(A) must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;
(B) must give the parties an opportunity to object on the record and out of the jury's hearing to the proposed instructions and actions on requests before the instructions and arguments are delivered.
(2) Time for instructions. The court may instruct the jury at any time after trial begins and before the jury is discharged.
(3) Preliminary instructions. Immediately after the jury is sworn the court may give instructions concerning:
(A) jury duties and conduct;
(B) the order of proceedings;
(C) elementary legal principles governing the proceedings; and
(D) the procedure for submitting written questions to witnesses under N.D.R.Ct. 6.8, if the court allows written questions.
(4) Final instructions. The court's instructions must be in writing unless the parties otherwise agree.
(A) If written instructions are given, they must be signed by the court and provided to the jury for use during deliberations.
(B) If oral instructions are given, they may be provided to the jury for use during deliberations only if they are transcribed and the court orders them provided.
(C) All instructions used by the jury during deliberations must be returned to the court when the verdict is submitted.
(1) How to make. A party who objects to a proposed instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection.
(2) When to make. An objection is timely if:
(A) a party objects at the opportunity provided under Rule 51(b)(1)(B); or
(B) a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.
(d) Assigning error; Plain error.
(1) Assigning error. A party may assign as error:
(A) an error in an instruction actually given, if that party properly objected; or
(B) a failure to give an instruction, if that party properly requested it.
(2) Plain error. A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by Rule 51(d)(1).
Rule 51(a) gives parties a window to request jury instructions in writing, at the close of the evidence or at any earlier reasonable time the court sets. After the evidence closes, a party can still request instructions on issues that couldn't reasonably have been anticipated earlier, and with the court's permission, can request instructions on anything else too. A party may ask for a North Dakota pattern jury instruction just by citing its number, and the court can require each request on its own separate sheet.
Rule 51(b) builds in a checkpoint before the jury hears final arguments: the court must tell the parties what it plans to instruct and how it plans to rule on their requests, and give them a chance to object on the record, outside the jury's hearing, before the instructions and arguments are delivered. Instructions themselves can be given any time between the start of trial and the jury's discharge. Right after the jury is sworn, the court may cover jury duties and conduct, the order of proceedings, elementary legal principles, and — if the court allows jurors to submit written questions to witnesses under N.D.R.Ct. 6.8 — the procedure for doing so. Final instructions must be in writing unless the parties agree otherwise; written instructions go to the jury signed by the court, oral instructions reach the jury only if transcribed and the court so orders, and every instruction the jury used in deliberations must come back to the court once the verdict is in.
Rule 51(c) requires an objection to state distinctly, on the record, what's being objected to and why. The objection is timely if made at the opportunity the court gave under Rule 51(b)(1)(B), or, if the party wasn't told about the instruction or ruling before that point, promptly after learning of it. Rule 51(d) lets a party assign error only in an instruction given after a proper objection, or a failure to give one after a proper request — but the court can still notice and fix a plain error in the instructions affecting a substantial right even without that preservation.