TRAPS IN REQUESTS AND EXCEPTIONS - HOW TO AVOID THEM

• NCJ Number: 6496
• Journal: Southwestern Law Journal Volume: 26 Issue: 2 Dated: (MAY 1972) Pages: 346-359
• Author(s): C B BLACKMAR
• Date Published: 1972
• Length: 14 pages
• Corporate Author: Southern Methodist University Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

SUGGESTIONS FOR JUDGES AND LAWYERS CONCERNING JURY INSTRUCTIONS, BASED ON AN EXAMINATION OF FEDERAL CASES DEALING WITH INSTRUCTIONS SINCE OCTOBER 1968.

Abstract

THE TRIAL JUDGE HAS THE RESPONSIBILITY OF INSTRUCTING THE JURY ON THE LEGAL ISSUES IN THE CASE AND ON THE BURDEN OF PROOF. COUNSEL IS ENTITLED TO SUBMIT REQUESTS FOR INSTRUCTIONS AFTER EVIDENCE IS CLOSED. THE JUDGE MUST ADVISE COUNSEL OF HIS PROPOSED ACTION ON REQUESTS BEFORE ARGUMENT BEGINS. COUNSEL'S OBJECTIONS TO RULINGS SHOULD BE HEARD OUTSIDE THE PRESENCE OF THE JURY. THE PRIMARY PURPOSE OF THE EXCEPTION IS TO PROTECT THE RECORD. THE ATTORNEY SHOULD TAKE EXCEPTION TO ANYTHING AND EVERYTHING WHICH MIGHT SERVE AS A POINT FOR FUTURE COMPLAINT. AUTHOR ABSTRACT MODIFIED