WPI 6.13 Additional Instruction of Law
6 WAPRAC WPI 6.13Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 6.13 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part I. General Instructions
Chapter 6. Oral Instructions During Trial
WPI 6.13 Additional Instruction of Law
I will now give you an additional instruction about the law that governs this case. The law contained in this additional instruction is to be considered together with the rest of the law I have given you. It is neither more nor less important than the other instructions you have received. You will have this additional instruction with you in the jury room. The instruction is:
(Insert text of new instruction.)
You are not to give this instruction special importance just because it was read separately. Consider it along with all of the instructions you have received.
You will now return to the jury room to continue your deliberations.
NOTE ON USE
Use this oral instruction, or one substantially similar that is tailored to the practice of a particular courtroom, when giving an additional jury instruction to a jury while it is deliberating. Send the text of the new instruction to the jury room in writing. Do not send this oral instruction to the jury room in writing.
All attorneys must be given an opportunity to be present. Unless the additional instruction is by consent of both parties, both sides must be given an opportunity to take exception or object to it.
If this instruction is used it should be made a part of the record. The judge and attorneys should make a full record of the proceedings, preferably by use of a court reporter.
COMMENT
CR 51(i); CRLJ 51(i).
The court rules require that, after the jury has begun its deliberations, “[a]ny additional instruction upon any point of law shall be given in writing.” If the additional instruction is being given in response to a question from a deliberating jury, see the other procedures required under CR 51(i) and CRLJ 51(i).
A proposed additional instruction need not be given if an existing instruction properly states the law. The granting of a further instruction after the jury has begun deliberating rests within the trial court's sound discretion. See Harris v. Groth, P.S., 31 Wn.App. 876, 645 P.2d 1104 (1982); Daly v. Lynch, 24 Wn.App. 69, 600 P.2d 592 (1979).
Whether a trial court should exercise its discretion and give a clarifying instruction depends on the nature of the clarification sought. The court in Morrison v. McKillop, 17 Wn.App. 396, 563 P.2d 220 (1977), cautioned that a trial judge should refrain from clarifying an instruction, even when requested to do so by the jury, if the clarification would result in a comment on the evidence.
[Current as of December 2020.]
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