The court must read over all the instructions which it intends to give, and none others, to the jury, and must announce them as given, and shall announce as refused, without reading to the jury, all those which are refused, and must write the words given, or refused, as the case may be, on the margin of each instruction.
§ 25-1113.Given or refused instructions; how indicated; requirements.
Article 11: Trial · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section requires the judge to read to the jury only the instructions being given, announce each instruction as given or as refused, and write “given” or “refused” in the margin of every instruction so the written record matches what the jury heard.
Full Text of § 25-1113
Source
Laws 1875, § 3, p. 77; R.S.1913, § 7852; C.S.1922, § 8796; C.S.1929, § 20-1113; R.S.1943, § 25-1113.
Plain-English Summary
Section 25-1113 controls the moment instructions are delivered to the jury. The court must read over all the instructions it intends to give, and none others, to the jury. Refused instructions are announced as refused, but they are not read aloud — the jury hears only the instructions the court has decided to give.
Alongside that reading requirement sits a documentation requirement: the court must write the word “given” or “refused,” as the case may be, on the margin of each instruction. That margin notation, paired with the oral announcement, creates a matching record between what happened in the courtroom and what the written file shows.
This section sits between § 25-1111, which establishes the basic written-instruction duty, and § 25-1112 and § 25-1114, which govern modification and formatting. Together they build a chain of formalities meant to leave no doubt, after the fact, about exactly which instructions the jury received and which it did not.
Frequently Asked Questions
Does the judge read refused instructions out loud to the jury?
No. Section 25-1113 requires the court to read only the instructions it intends to give. Refused instructions are announced as refused but not read to the jury.
How are given and refused instructions marked in the record?
The court writes “given” or “refused” on the margin of each instruction, matching the oral announcement made when the instructions are delivered.
Why does this formality matter?
It keeps the written record of instructions consistent with what happened at trial, which matters if a party later challenges an instruction that was given or refused.
Who is responsible for marking the margin of each instruction?
The section places that duty on the court, which must write the given-or-refused notation on each instruction.
Does this section apply to instructions the court writes on its own, not just ones requested by a party?
Section 25-1113 addresses how given and refused instructions are read and marked generally; § 25-1114 makes clear the same formal handling extends to instructions the court gives on its own motion.
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
Also known as: given or refused jury instructions nebraskamarking jury instructions in the recordreading instructions to the jury25-1113 nebraska statutecourt instruction marking requirement