RULE CrR 6.15
INSTRUCTIONS AND ARGUMENT
(a) Proposed Instructions. Proposed jury instructions shall
be served and filed when a case is called for trial by serving
one copy upon counsel for each party, by filing one copy with the
clerk, and by delivering the original and one additional copy for
each party to the trial judge. Additional instructions, which
could not be reasonably anticipated, shall be served and filed at
any time before the court has instructed the jury.
Not less than 10 days before the date of trial, the court may
order counsel to serve and file proposed instructions not less
than 3 days before the trial date.
Each proposed instruction shall be on a separate sheet of
paper. The original shall not be numbered nor include citations
of authority.
Any superior court may adopt special rules permitting certain
instructions to be requested by number from any published book of
instructions.
(b) (Reserved.)
(c) Objection to Instructions. Before instructing the jury,
the court shall supply counsel with copies of the proposed
numbered instructions, verdict and special finding forms. The
court shall afford to counsel an opportunity in the absence of
the jury to object to the giving of any instructions and the
refusal to give a requested instruction or submission of a
verdict or special finding form. The party objecting shall state
the reasons for the objection, specifying the number, paragraph,
and particular part of the instruction to be given or refused.
The court shall provide counsel for each party with a copy of the
instructions in their final form.
(d) Instructing the Jury and Argument of Counsel. The court
shall read the instructions to the jury. The prosecution may then
address the jury after which the defense may address the jury
followed by the prosecutions rebuttal.
(e) Deliberation. After argument, the jury shall retire to
consider the verdict. The jury shall take with it the
instructions given, all exhibits received in evidence and a
verdict form or forms.
(f) Questions from Jury During Deliberations.
(1) 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. 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.
(2) After jury deliberations have begun, the court shall not
instruct the jury in such a way as to suggest the need for
agreement, the consequences of no agreement, or the length of
time a jury will be required to deliberate.
(g) Several Offenses. The verdict forms for an offense
charged or necessarily included in the offense charged or an
attempt to commit either the offense charged or any offense
necessarily included therein may be submitted to the jury.
[Amended effective January 2, 1974; September 1, 1986;
amended effective October 1, 2002]
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