At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. The court, out of the hearing of the jury, shall inform counsel of its proposed action upon the requests prior to their arguments to the jury, but the court shall instruct the jury after the arguments are completed. No party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict stating the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury.
§ 4110-b.Instructions to jury; objection.
Article 41. Trial by a Jury · Last amended 1973 · Last verified July 21, 2026
In one sentenceSection 4110-b tells parties how to request jury instructions, requires the court to instruct the jury after closing arguments, and requires a party to object to an instruction before the jury retires, stating the specific ground, to preserve the issue for appeal.
Full Text of CPLR 4110-b
Plain-English Summary
Section 4110-b governs the back-and-forth over what the judge tells the jury about the law before deliberations begin. Any party can file written requests asking the court to instruct the jury on the law set out in those requests, and the court has to do this by the close of the evidence or by whatever earlier point in the trial it reasonably directs. Before summations, the court tells counsel, outside the jury's hearing, how it plans to rule on those requests, so lawyers know what the judge will and will not charge before they make their closing arguments. The actual instruction to the jury still comes after both sides have argued.
Preserving an objection to the charge takes more than disagreeing with it after the fact. A party cannot claim error in an instruction the court gave, or in one the court refused to give, unless that party objects before the jury retires to deliberate, and states both what is being objected to and the ground for the objection. The section also guarantees a chance to make that objection outside the jury's hearing, so a lawyer is not forced to argue about the charge in front of the people who are about to decide the case.
Frequently Asked Questions
How do I ask the judge to give a specific jury instruction in New York?
File written requests asking the court to instruct the jury on the law set out in those requests, by the close of evidence or whatever earlier point the court directs.
When does the judge instruct the jury, before or after closing arguments?
After; the court tells counsel its proposed rulings on requested instructions before summations, but the instructions themselves come once both sides have finished arguing.
How do I preserve an objection to a jury instruction for appeal in New York?
Object before the jury retires to deliberate, and state both the matter you object to and the ground for the objection; otherwise you cannot raise it as error later.
Can I object to a jury instruction in front of the jury?
No, section 4110-b guarantees an opportunity to make the objection outside the jury's hearing.
What happens if I don't object to a flawed jury charge before the jury retires?
You lose the ability to assign the giving or omission of that instruction as error, regardless of how the charge affected the verdict.
Amendment History
Add, L 1973, ch 233, § 1, eff Sept 1, 1973.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: jury instruction objection New Yorkpreserving jury charge error New Yorkhow to object to jury instructions New Yorkrequesting jury charge New York civil trial