Rule 51.Instructions to the jury; objections; preserving a claim of error

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 51 sets the procedure for requesting jury instructions before and after the close of evidence, requires the court to give the parties advance notice of its proposed instructions and a chance to object on the record before instructing the jury, and requires a timely, specific objection to preserve an instruction error for appeal -- unless the error is plain and affects substantial rights.

Full Text of Rule 51

Text sizeJump to: (a) (b) (c) (d)

(a) Requests.

(1) Before or at the close of the evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give.

(2) After the close of the evidence. After the close of the evidence, a party may:

(A) file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and

(B) with the court's permission, file untimely requests for instructions on any issue.

(b) Instructions. The court:

(1) shall inform the parties of its proposed instructions in writing and proposed action on the requests before instructing the jury.

(2) shall give the parties an opportunity to object on the record and out of the jury's hearing before the instructions and arguments are delivered; and may show the written instructions to the jury and permit the jury to take the written instructions to the jury room; and

(3) may instruct the jury at any time before the jury is discharged.

(1) How to make. A party who objects to an instruction or the failure to give an instruction shall do so on the record, stating distinctly the matter objected to and the grounds for the objection.

(2) When to make. An objection is timely if:

(A) a party objects at the opportunity provided under Rule 51(b)(2); or

(B) a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.

(d) Assigning error; plain error.

(1) Assigning error. A party may assign as error:

(A) an error in an instruction actually given, if that party properly objected; or

(B) a failure to give an instruction, if that party properly requested it and—unless the court rejected the request in a definitive ruling on the record—also properly objected.

(2) Plain error. A court may consider a plain error in the instructions that has not been preserved as required by Rule 51(d) (1) if the error affects substantial rights.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Jury instructions shape how the jury applies the law, and Rule 51 governs how they get requested, given, and challenged. Parties file written requests for the instructions they want, generally by the close of the evidence (or an earlier time the court sets), though the rule allows later requests for issues no one could have anticipated earlier, or, with the court's permission, for any issue at all.

Before instructing the jury, the court has to tell the parties in writing what it plans to instruct and how it's ruling on their requests, and give them a chance to object on the record, outside the jury's hearing. The court can show the written instructions to the jury and let jurors take them into the jury room, and it can instruct the jury at any point before it's discharged.

Preserving an instruction error for appeal takes a real objection — stated on the record, identifying exactly what's being objected to and why. That objection is timely if made at the court's designated opportunity, or, for an instruction or ruling the party never learned about beforehand, made promptly once the party finds out. A party can only claim error over an instruction the court gave if it properly objected, or over a refused instruction if it properly requested and (absent a definitive on-the-record ruling) properly objected to that refusal. Even without a proper objection, though, a court can still correct a plain error in the instructions that affects a party's substantial rights.

Frequently Asked Questions

When do I have to submit my requested jury instructions?

By the close of the evidence, or an earlier time the court sets, though you can request instructions later for issues that couldn't reasonably have been anticipated, or with the court's permission, for any issue.

What has to happen before the court instructs the jury?

The court has to tell the parties in writing what it plans to instruct and its rulings on their requests, and give them an opportunity to object on the record, outside the jury's hearing.

What do I need to do to preserve an instruction error for appeal?

Object on the record, stating distinctly what you're objecting to and why, either at the court's designated opportunity or promptly after learning of an instruction or ruling you weren't told about beforehand.

Can an appellate court correct an instruction error even without a proper objection?

Yes, if it's a plain error that affects a party's substantial rights.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 51). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: jury instructionsobjecting to jury instructionsplain error jury instructions