A proposed jury instruction submitted by a party, which constitutes an accurate statement of the law applicable to the case, shall not be withheld from the jury solely for its nonconformance with the model jury instructions.
§ 8.01-379.2.Jury instructions.
Chapter 13. Certain Incidents of Trial · Last amended 1992 · Last verified July 16, 2026
In one sentenceThis section requires a Virginia trial court to give a party’s proposed jury instruction when it accurately states the law that applies to the case, even if the instruction does not track the wording of the model jury instructions.
Full Text of § 8.01-379.2
Plain-English Summary
Virginia has a set of model jury instructions that lawyers and judges reach for as a starting point in most cases. Section 8.01-379.2 makes sure that convenience does not turn into a straitjacket. If a party submits a proposed instruction that accurately states the law applicable to the case, the court cannot withhold it from the jury for the sole reason that it does not match the model instructions.
The protection is narrow but meaningful. It does not force a court to give every instruction a party proposes — an instruction can still be refused for other reasons, such as being misleading, unsupported by the evidence, or duplicative. What the section forecloses is one specific objection: rejecting an otherwise accurate instruction purely because it departs from the standard pattern language.
The practical effect is to keep the model instructions in their proper place, as a helpful reference rather than the only permissible phrasing of the law. Lawyers can tailor an instruction to the facts of an unusual case without worrying that fidelity to the model book will trump getting the legal statement right.
Frequently Asked Questions
Can a court refuse a jury instruction just because it does not match the model instructions?
No, not if the instruction constitutes an accurate statement of the law applicable to the case — nonconformance with the model jury instructions alone is not a valid reason to withhold it.
Does this section guarantee every proposed instruction gets given to the jury?
The section addresses only the specific ground of nonconformance with model instructions; it does not state that instructions must be given regardless of accuracy or for other reasons.
Who may submit a jury instruction under this section?
A party to the case.
What must the proposed instruction do to qualify for this protection?
It must constitute an accurate statement of the law applicable to the case.
What are the model jury instructions referenced in this section?
The section refers to them only as “the model jury instructions,” the standard pattern instructions Virginia courts commonly use, without further describing their source in the statutory text.
Amendment History
1992, c. 522.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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