Rule 3-605. Instructions to juries.

A. Duty to instruct. The court shall instruct the jury regarding the law applicable to the facts in the cause unless such instructions be waived by the parties. B. Admonitions to jury on conduct. After a jury has been sworn to try a case, but before opening statements or the presentation of any testimony, the court must read the applicable portions of UJI 13-106 to the jury. The instruction or appropriate portions thereof may be repeated to the jury before any recess of the trial if in the discretion of the judge it is desirable to do so. At the close of the case when the jury is instructed, UJI 13-106 shall not be reread to the jury but applicable portions thereof shall be included with other instructions sent to the jury room. C. Use. Whenever New Mexico Uniform Jury Instructions Civil contains an instruction applicable in the case and the court determines that the jury should be instructed on the subject, the UJI Civil shall be used unless under the facts or circumstances of the particular case the published UJI Civil is erroneous or otherwise improper, and the court so finds and states of record its reasons. D. Certain instructions not to be given. When in UJI Civil it is stated that no instructions should be given on any particular subject matter, such direction shall be followed unless under the facts or circumstances of the particular case an instruction on the subject is necessary, and the court so finds and states of record its reason. E. Instruction when no applicable UJI Civil. Whenever the court determines the jury should be instructed on a subject and no applicable instruction on the subject is found in UJI Civil, the instruction given on that subject shall be brief, impartial and free from hypothesized facts. F. Preparation and request for instructions. Any party may move the court to give instructions on any point of law arising in the cause. At any time before or during the trial, the court may direct counsel to prepare designated instructions. Such instructions as well as instructions tendered by the parties shall be in writing and shall consist of an original to be used by the court in instructing the jury, adequate copies for the parties and one copy for filing in the case on which the judge shall note "given" or "refused" as to each instruction requested. Copies of instructions tendered by the parties shall indicate who tendered them. All copies of instructions shall also contain a notation "UJI Civil No. . . . . . ." or "Not in UJI Civil" as appropriate. (The instructions which go to the jury room shall contain no notations.) G. Instructions to be in writing; waiver; to be given before argument and to go to jury. Unless waived, the instructions shall be in writing. Except where instructions, either written or oral, are waived, the judge in all cases shall charge the jury before the argument of counsel. Written instructions shall go to the jury room. H. Error in instructions; preservation. For the preservation of any error in the charge, objection must be made to any instruction given, whether in UJI Civil or not; or, in case of a failure to instruct on any point of law, a correct instruction must be tendered, before retirement of the jury. Reasonable opportunity shall be afforded counsel so to object or tender instructions. I. Review. All instructions given to the jury or refused, whether UJI Civil or otherwise, are subject to review by appeal or writ of error when the matter is properly preserved and presented.