Rule 5-608 NMRA
Rule 5-608. Instructions to juries.
Length: 319 wordsOfficial source
A. Required instructions. The court must instruct the jury upon all questions of law
essential for a conviction of any crime submitted to the jury.
B. Requested instructions. At the close of the defendant's case, or earlier if
ordered by the court, the parties shall tender requested instructions in writing. The
original and such copies as may be required by the court shall be given the court, and a
copy shall be served on opposing counsel. The original shall have a place for the court
to insert a number (No. . . . . . .) but shall contain no title or other notations. The copies
shall indicate the following information:
(1)
[Plaintiff's] [Defendant's] Requested Instruction No. . . . . . .;
(2)
UJI Criminal No. . . . . . .;
(3)
If not in UJI Criminal, authority for tendered instruction should be
indicated.
C. Advisement of parties; filing. The court shall advise the parties of the
instructions to be given and:
(1)
number the originals of the instructions to be given;
(2)
mark one (1) copy of each instruction tendered as either given or refused
and initial the copies;
(3)
file such marked copies with the district court clerk.
D. Objections. Except as provided in Paragraph A of this rule, for the preservation
of error in the charge, objection to any instruction given must be sufficient to alert the
mind of the court to the claimed vice therein, or, in case of failure to instruct on any
issue, a correct written instruction must be tendered before the jury is instructed. Before
the jury is instructed, reasonable opportunity shall be afforded counsel so to object or
tender instructions, on the record and in the presence of the court.
E. Use in jury room. Written instructions of the court shall go to the jury room, but
no instruction which goes to the jury room shall contain any notation.