A party excepting to the giving of instructions, or the refusal thereof, shall not be required to file a formal bill of exceptions; but it shall be sufficient to make objection thereto by dictating into the record in open court, out of the hearing of the jury, after the reading of all instructions, the number of the particular instruction that was requested, refused and is excepted to, or the number of the particular instruction given by the court that is excepted to. Provided, further, that the court shall furnish copies of the instructions to the plaintiff and defendant prior to the time said instructions are given by the court.
§ 578.Exceptions to Instructions - Copies to Parties
Chapter 11: Trial · Last amended April 9, 1969 · Last verified August 3, 2026
In one sentenceSection 578 lets a party preserve an objection to a jury instruction by dictating its number into the record, out of the jury's hearing, instead of filing a formal bill of exceptions, and requires the court to give both sides instruction copies beforehand.
Full Text of § 578
Amendment History
R.L. 1910, § 5003; Amended by Laws 1969, SB 210, c. 140, § 1, emerg. eff. 4/9/1969.
Plain-English Summary
A party who wants to except to an instruction given, or to the court's refusal of one, doesn't need to file a formal bill of exceptions. It's enough to object by dictating into the record, in open court and out of the jury's hearing, after all the instructions have been read, the number of whichever instruction -- requested, refused, or given by the court -- the party is excepting to.
The section adds one more requirement: the court must furnish copies of the instructions to the plaintiff and the defendant before it gives those instructions to the jury.
Frequently Asked Questions
How does a party object to a jury instruction in an Oklahoma civil trial?
By dictating into the record, in open court and out of the jury's hearing, the number of the particular instruction being excepted to, after all instructions have been read.
Does a party have to file a written bill of exceptions to preserve an instruction objection?
No. Section 578 says a formal bill of exceptions isn't required; dictating the objection into the record is enough.
When must the objection be dictated into the record?
After the reading of all instructions, out of the jury's hearing.
Does the court have to give the parties instruction copies before reading them to the jury?
Yes. The court must furnish copies of the instructions to the plaintiff and defendant before the instructions are given.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: how to object to jury instructions oklahomabill of exceptions jury instructions12 O.S. § 578exception to jury instruction procedure