It shall be the duty of the judges of the several district courts, in all cases, both civil and criminal, to reduce their charges or instructions to the jury to writing, before giving the same to the jury, unless the so giving of the same is waived by the counsel in the case in open court, and so entered in the record of said case; and either party may request instructions to the jury on points of law, which shall be given or refused by the court. All instructions asked shall be in writing.
§ 25-1111.Instructions by court; requested instructions; requirements.
Article 11: Trial · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section requires district judges to put jury instructions in writing before giving them, unless the parties waive that requirement in open court and it is entered in the record, and lets either party request written instructions on points of law for the court to give or refuse.
Full Text of § 25-1111
Source
Laws 1875, § 1, p. 77; R.S.1913, § 7850; C.S.1922, § 8794; C.S.1929, § 20-1111; R.S.1943, § 25-1111.
Plain-English Summary
Section 25-1111 anchors Nebraska’s written-instruction practice. It makes it the duty of district judges, in both civil and criminal cases, to reduce their charges or instructions to the jury to writing before giving them, rather than instructing from the bench without a written text. That duty can be waived, but only if counsel waives it in open court and the waiver is entered in the case record — an informal or off-the-record understanding will not do.
The section also gives either party an affirmative right to request instructions on points of law, which the court then gives or refuses. Any instruction a party asks for has to be submitted in writing, matching the same written-record approach the section imposes on the court’s own charge to the jury.
This section sets up the mechanics that later sections in this article fill in. Section 25-1112 addresses how a requested instruction gets modified rather than flatly refused, § 25-1113 addresses how given and refused instructions get marked, and § 25-1114 addresses formatting and filing. All of them depend on the baseline rule here: instructions are a written record, not an oral exchange.
Frequently Asked Questions
Must jury instructions in Nebraska district court be in writing?
Yes. Section 25-1111 makes it the duty of the judge to reduce instructions to writing before giving them to the jury, in both civil and criminal cases.
Can the parties waive the writing requirement?
Yes, but only if counsel waives it in open court and the waiver is entered in the case record.
How does a party ask the court for a particular instruction?
By requesting it in writing. The section requires that all instructions asked by a party be in writing.
Does the court have to give every instruction a party requests?
No. The court gives or refuses requested instructions; a party has the right to ask, not the right to have every request granted.
What happens after the court decides to give or refuse a requested instruction?
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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