The trial court may and ordinarily should hold a conference before or during the trial with reference to the preparation of proposed instructions. The trial court may direct counsel for either party to prepare designated instructions. Counsel may object at the conference on instructions to any instruction regardless of who prepared it. At the conference on instructions, each counsel should aid the trial court by stating any specific objection that he or she has on any instruction proposed to be given.
§ 6-802.Jury instruction conference.
Article 8: Jury Instructions · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule encourages Nebraska trial courts to hold a conference on proposed jury instructions before or during trial, lets the judge assign drafting duties to counsel, and preserves each side’s right to object to any instruction at that conference regardless of who drafted it.
Full Text of § 6-802
Plain-English Summary
Jury instructions rarely arrive at trial fully agreed upon, and § 6-802 gives courts a structured way to work through disagreements before the jury ever hears them. The trial court “may and ordinarily should” hold a conference, before or during trial, to go over proposed instructions — language that signals a strong practice, not an absolute requirement, but one courts are expected to follow in the ordinary case.
At that conference, the judge can direct counsel for either side to draft particular instructions, spreading the workload rather than leaving every instruction to the court alone. But drafting an instruction does not shield it from challenge: either party can object to any instruction at the conference, no matter which side wrote it. The rule expects each lawyer to help the court by stating any specific objection clearly, rather than a general or unstated concern.
That specificity requirement is not just good practice — it is what preserves an issue for appeal. A vague or unstated objection at the instruction conference gives an appellate court little to work with later, while a clearly stated objection creates a record the trial court, and later a reviewing court, can evaluate.
Frequently Asked Questions
Is the trial court required to hold a jury instruction conference?
The rule says the court “may and ordinarily should” hold one, which signals a strong expectation rather than an absolute mandate in every case.
Can a judge make one side draft the jury instructions?
Yes. The trial court may direct counsel for either party to prepare designated instructions.
Can a lawyer object to an instruction they wrote themselves?
Yes. Counsel may object at the conference to any instruction, regardless of who prepared it.
Why does it matter how specific an objection is at the instruction conference?
A specific, stated objection gives the trial court a real chance to fix a problem and creates the record needed to raise the issue later, while a vague objection does neither effectively.
When does the instruction conference happen relative to trial?
The rule allows it before or during the trial, giving the court flexibility about timing.
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
Also known as: jury instruction conference nebraskaobjecting to jury instructions nebraskawho drafts jury instructionspreserving objection jury instruction appealnebraska trial court instruction conference rule