LR13-125 NMRA
Local Rule LR13-125. Jury instructions.
A. Stipulated jury instructions. Prior to commencement of the trial, plaintiff’s and
defendant’s attorneys or any unrepresented parties shall confer between or among
themselves and agree on those jury instructions that are necessary and common to
both plaintiff’s and defendant’s case. Instructions necessary and common to both
plaintiff’s and defendant’s case shall be prepared by plaintiff’s counsel and approved by
defendant’s counsel. The stipulated instructions shall be submitted to the court at least
one (1) week prior to the commencement of the trial.
B. Contested jury instructions. All other instructions to which the parties are
unable to agree shall be submitted to the court for its consideration. Each party shall
submit its contested jury instructions separately at least one (1) week prior to
commencement of the trial.
C. Rule 1-051 and Rule 5-608 compliance. All jury instructions submitted to the
court, whether stipulated or contested, shall conform with the requirements of Rule 1-
051(G) NMRA and Rule 5-608 NMRA. In addition
(1)
all jury instructions shall contain the following language at the top center of
the page: “INSTRUCTION NO. ____________.” Attorneys shall write the number of the
requested instruction in pencil on the lower right hand corner of the original page. The
original shall not be bound together;
(2)
attorneys shall prepare sufficient copies of their requested instructions for
opposing counsel and the court to be furnished with one (1) copy of each;
(3)
a cover sheet preceding the requested instructions shall contain the style
of the case and the label of “Plaintiff’s or Defendant’s Requested Instructions No.
____________ through ____________”, and a praecipe. An original shall be filed and
copies are to be provided to each party and to the court;
(4)
each instruction shall bear the heading “(Party’s) Requested Instruction
No. ____________”, and counsel will insert consecutive numbers;
(5)
at the bottom of each instruction, counsel shall list the UJI number or other
citations supporting the instruction as a correct statement of the applicable law and the
following:
Given ____________
Denied ___________
Modified __________
Withdrawn _________
(6)
for each instruction submitted the party shall provide the court with a clean
copy that bears the text of the instruction and the heading “Instruction No.
____________”, with no numbers inserted. This set is given to the court and is not filed.
D. Settling instructions. In settling instructions, the court’s action shall be noted on
the praecipe and on the filed copy of each instruction.