TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 51, N.D.R.Civ.P., Instructions to Jury
Staff has prepared amendments to Rule 51 based on the federal form and style amendments. The amendments are intended make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
The Committee did a considerable amount of work on this rule in 2004 so the proposed revisions are relatively minor. When they are not already provided, titles for paragraphs are proposed. The Committee may wish to examine these titles to determine whether they are appropriate.
Some proposed language in Rule 51(d)(1)(B) goes above and beyond the requirements of the current rule. The Committee may wish to examine this language to see whether it should be kept.
The proposed amendments to Rule 51 are attached along with a copy of the amendments
to the federal rule.