At its July 2003 meeting, the California Judicial Council unanimously approved approximately 800 new civil jury instructions and special verdict forms for use in California trial courts. These instructions are known as "CACI" ("California Civil Instructions"), and should be cited as "CACI ____." More information about California's jury instructions can be found on the court's website.
California Rule of Court 2.1050 strongly encourages the use of CACI. CRC 2.1050 (f).
Jury instructions must be delivered to the judge and served on opposing counsel before the first witness is sworn. CCP § 607a.
Many jurisdictions have local rules that dictate more specific timing requirements. Practitioners are advised to consult their assigned judge regarding any additional timing or other requirements.
In all jury trials, parties must deliver all proposed jury instructions to the trial judge pursuant to CCP Section 607a. SFSC LR 6.5 (A) (amended eff 1/1/17)
It is an attorney's duty to propose jury instructions supported by the pleadings before trial. CCP § 607a.
Proposed jury instructions are either form instructions (obtained from California Jury Instructions - Civil (CACI)) or special instructions. Special instructions are those culled from sources other than CACI, those specifically prepared by counsel, or those previously approved that have been substantially modified by counsel. CRC 2.1055 (amended eff 1/1/16)
The use of CACI forms is strongly encouraged by state law. CRC 2.1050 (f).
Some superior courts' local rules specifically indicate a preference for the use of CACI forms.
With respect to special instructions, the California Rules of Court provide that "[w]henever the latest edition of the Judicial Council jury instructions does not contain an instruction on a subject on which the trial judge determines the jury should be instructed, or when a Judicial Council instruction cannot be modified to submit the issue properly, the instruction given on that subject should be accurate, brief, understandable, impartial, and free from argument." CRC 2.1050 (f).
Within two (2) days after assignment, all parties must meet and confer and indicate in writing to the trial judge which of the instructions are acceptable to all parties. SFSC LR 6.5 (C) (amended eff 1/1/17)
If, during trial, evidence is developed that raises issues of law not disclosed by the pleadings, an attorney may deliver to the judge and serve on opposing counsel additional proposed jury instructions addressing these issues. CCP § 607.
State law dictates the following formatting requirements for proposed jury instructions:
1. They must be typewritten. CCP § 607a
2. Each proposed instruction must be typed on a separate page. CCP § 607a; CRC 2.1055(c) (amended eff 1/1/16)
In San Francisco Superior Court, the following formatting requirements apply to proposed jury instructions:
1. Proposed instructions shall be complete in all respects. SFSC LR 6.5 (D) (renumbered and amended eff 1/1/17);
2. Submission of CACI numbers is insufficient. SFSC LR 6.5 (D) (renumbered and amended eff 1/1/17);
See San Francisco County SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
The provisions of Rules 6.2 through 6.4 and Rule 6.8 do not apply to expedited jury trials conducted pursuant to Code of Civil Procedure (CCP) § 630.01 or § 630.20, except as specified in the consent order or as ordered by the trial judge. SFSC LR 6.1 (new rule eff 1/1/17).
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