Q: How to oppose other party's jury instructions?
How to oppose other party's jury instructions?
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- California
- (916) 704-3009
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- Answered
A:
To oppose jury instructions proposed by the opposing party, you'll need to file written objections before the final pretrial conference and be prepared to argue them during the conference with the judge.
Your objections should clearly identify each contested instruction by number and explain why it's legally incorrect, unsupported by evidence, or misleading to the jury. Support your opposition with relevant case law, statutes, and standard California jury instructions (CACI). Be ready to propose alternative instructions that better reflect the applicable law and facts of your case.
During the conference, you must make a clear record of your objections for potential appeal. State your grounds for opposition concisely but thoroughly, and ensure the court reporter captures your arguments. If the judge overrules your objections, request that your proposed alternative instructions be included in the record. Remember to file your written objections within the timeframe specified by your local court rules to preserve your rights on appeal.
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