RULE CR 51
              INSTRUCTIONS TO JURY AND DELIBERATION


    (a) Proposed. Unless otherwise requested by the trial judge on timely
notice to counsel, proposed instructions shall be submitted when the case
is called for trial. Proposed instructions upon questions of law developed
by the evidence, which could not reasonably be anticipated, may be
submitted at any time before the court has instructed the jury.

    (b) Submission. Submission of proposed instructions shall be by
delivering the original and three or more copies as required by the trial
judge, by filing one copy with the clerk, identified as the party's
proposed instructions, and by serving one copy upon each opposing counsel.

    (c) Form. Each proposed instruction shall be typewritten or printed on
a separate sheet of letter-size (8-1/2 by 11 inches) paper. Except for one
copy of each, the instructions delivered to the trial court shall not be
numbered or identified as to the proposing party. One copy delivered to the
trial court, and the copy filed with the clerk, and copies served on each
opposing counsel shall be numbered and identified as to proposing party,
and may contain supporting annotations.

    (d) Published Instructions.

    (1) Request. Any instruction appearing in the Washington Pattern
Instructions (WPI) may be requested by counsel who must submit the proper
number of copies of the requested instruction, identified by number as in
section (c) of this rule, in the form he wishes it read to the jury. If the
instruction in WPI allows or provides for a choice of wording by the use of
brackets or otherwise, the written requested instruction shall use the
choice of wording which is being requested.

    (2) Record on Review. Where the refusal to give a requested instruction
is an asserted error on review, a copy of the requested instruction shall
be placed in the record on review.

    (3) Local Option. Any superior court may adopt a local rule to
substitute for subsection (d)(1) and to allow instructions appearing in the
Washington Pattern Instructions (WPI) to be requested by reference to the
published number. If the instruction in WPI allows or provides for a choice
of wording by the use of brackets or otherwise, the local rule must require
that the written request which designates the number of the instruction
shall also designate the choice of wording which is being requested.

    (e) Disregarding Requests. The trial court may disregard any proposed
instruction not submitted in accordance with this rule.

    (f) Objections to Instruction. Before instructing the jury, the court
shall supply counsel with copies of its proposed instructions which shall
be numbered. Counsel shall then be afforded an opportunity in the absence
of the jury to make objections to the giving of any instruction and to the
refusal to give a requested instruction. The objector shall state
distinctly the matter to which he objects and the grounds of his objection,
specifying the number, paragraph or particular part of the instruction to
be given or refused and to which objection is made.

    (g) Instructing the Jury and Argument. After counsel have completed
their objections and the court has made any modifications deemed
appropriate, the court shall then provide each counsel with a copy of the
instructions in their final form. The court shall then read the
instructions to the jury. The plaintiff or party having the burden of proof
may then address the jury upon the evidence, and the law as contained in
the courts instructions; after which the adverse party may address the
jury; followed by the rebuttal of the party first addressing the jury.

    (h) Deliberation. After argument, the jury shall retire to consider its
verdict. In addition to the written instructions given, the jury shall take
with it all exhibits received in evidence, except depositions. Copies may
be substituted for any parts of public records or private documents as
ought not, in the opinion of the court, to be taken from the person having
them in possession. Pleadings shall not go to the jury room.

    (i) Questions from Jury During Deliberations. The jury shall be
instructed that any question it wishes to ask the court about the
instructions or evidence should be signed, dated and submitted in writing
to the bailiff without any indication of the status of the jury’s
deliberations.  The court shall notify the parties of the contents of the
questions and provide them an opportunity to comment upon an appropriate
response.  Written questions from the jury, the court’s response and any
objections thereto shall be made a part of the record. The court shall
respond to all questions from a deliberating jury in open court or in
writing. In its discretion, the court may grant a jury’s request to rehear
or replay evidence, but should do so in a way that is least likely to be
seen as a comment on the evidence, in a way that is not unfairly
prejudicial and in a way that minimizes the possibility that jurors will
give undue weight to such evidence.  Any additional instruction upon any
point of law shall be given in writing.

    (j) Comments Upon Evidence. Judges shall not instruct with respect to
matters of fact, nor comment thereon.


[Amended effective November 3, 1967; March 29, 1968; January 1, 1977;
amended effective October 1, 2002.]