Nebraska Jury Instructions, Second Edition (NJI 2d), is designed for use when the instruction correctly states the law and the pleadings and evidence call for such an instruction. Where applicable, a trial judge may utilize an appropriate NJI instruction.
§ 6-801.Use of NJI2d.
Article 8: Jury Instructions · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule lets a Nebraska trial judge draw jury instructions from Nebraska Jury Instructions, Second Edition whenever an instruction correctly states the law and the pleadings and evidence in the case call for it, without requiring a pattern instruction in every situation.
Full Text of § 6-801
Plain-English Summary
Section 6-801 addresses a question every trial judge faces before closing arguments: where do the jury instructions come from? Nebraska Jury Instructions, Second Edition — usually called NJI2d — is a set of pattern instructions drafted in advance to cover recurring legal issues, and this rule tells judges they may draw on it.
The key word is “may.” A pattern instruction only belongs in a case if it correctly states the law and if the pleadings and evidence call for it. A judge is not bound to give a pattern instruction just because one exists on a given topic, and is free to modify or decline one that does not fit the facts or the governing law of the case at hand. That flexibility matters because pattern instructions are drafted for the general run of cases, not any particular set of facts.
This permissive framing is deliberate. As § 6-803 explains, Nebraska once had a rule making use of the original Nebraska Jury Instructions mandatory; that mandate was repealed, and § 6-801 reflects the more flexible approach that replaced it.
Frequently Asked Questions
Are Nebraska trial judges required to use NJI2d instructions?
No. Section 6-801 says a judge “may” use an appropriate NJI2d instruction where it correctly states the law and the case calls for it — it is not mandatory.
What if a pattern instruction does not fit the facts of a particular case?
The rule’s precondition is that the pleadings and evidence call for the instruction. If a pattern instruction does not fit the case, using it is not required or appropriate.
What is NJI2d?
Nebraska Jury Instructions, Second Edition, a published set of pattern jury instructions designed for use when they correctly state the law and the case calls for them.
Was using pattern jury instructions ever mandatory in Nebraska?
Yes, under a 1968 rule. Section 6-803 repealed that mandate, which is why § 6-801 now frames NJI2d use as permissive rather than required.
Who decides which instructions get read to the jury?
The trial judge, informed by the instruction conference process described in § 6-802, where counsel can propose and object to instructions.
Source & verification. Section text is
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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