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Wednesday, June 12, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

LR 51 - Instructions to the Jury

(See Fed. R. Civ. P. 51)

LR 51-1 Proposed Jury Instructions

(a) Scope of Party Submissions

To request model instructions for issues not specific to the subject matter of a case (e.g., instructions located in Chapters 1, 2, and 3 of the Ninth Circuit's Manual of Model Civil Jury Instructions), submit only the suggested instruction number and title corresponding to the requested instruction. Instructions specific to the issues in the case must be submitted as specified in LR 51-1(b)-(d).

(b) Application of Model or Uniform Jury Instructions

When Oregon law applies, the applicable Oregon State Bar Uniform Civil Jury Instructions should be used. In other cases, and unless otherwise directed by the Court, the applicable Ninth Circuit Model Jury Instructions should be used.

(c) Index of Instructions

If more than ten instructions specific to the issues in the case are submitted, include an index.

(d) Format Requirements

  1. Each instruction must begin on a separate page.
  2. The complete set of jury instructions specific to the issues in the case must be submitted, via e-mail as described in the Practice Tip after LR 5-9(c) immediately following the electronic filing of the proposed instructions in CM/ECF.
  3. Each instruction must embrace only one subject, and must be numbered consecutively using the model or uniform jury instruction numbers where applicable.
  4. Each instruction must be brief, impartial, understandable, and free from argument. The principle stated in one instruction must not be repeated in any other instruction.
  5. Except when citing to a model or uniform jury instruction, the text of each instruction must be set out in full. In the case of model or uniform jury instructions, citation to the model or uniform jury instruction number is sufficient.
  6. Each instruction must contain in a footnote citations of authority in support of the principle of law stated in the instruction.

Amendment History to LR 51
June 1, 2002
Generally Cross-references added or updated.
LR 51.1(a) "Unless otherwise ordered by the Court . . ." added.
LR 51.1(e)(2) CD Rom format added.
June 1, 2006
LR 51.1 Cross-reference to LR 100.10 deleted.
LR 51.1(a) Deleted and subsequent sections relettered.
New (a) revised to clarify counsels' requirements for submitting instructions.
LR 51.1(b) Text of rule reorganized.
LR 51.1(c) Numeric format modified; i.e. "ten(10)."
LR 51.1(d)(2) "The trial Judge may . . ." added.
This sentence was moved from LR 100.10(c).
LR 51.2 Rule deleted.
December 1, 2009
LR 51-1(a) Reworded.
LR 51-1(b) Changed "In diversity cases" to "When Oregon law applies." Added the words, "and unless otherwise directed by the Court," to the second sentence.
LR 51-1(d)(2) Changed the way in which the Judge's copy of the complete set of proposed jury instructions are to be submitted to the Court, from a 3.5 inch diskette or CD Rom, to an email attachment to the Judge's Courtroom Deputy Clerk.
LR 51-1(d) Commentary added.
March 1, 2012
LR 51-1(d)(2) The phrase "in plain text or rich text format, as an attachment to an e-mail message sent to the Judge's Courtroom Deputy Clerk" replaced as "via e-mail as described in LR 5-1(f)."
Commentary Section Removed.
March 1, 2014
LR 51-1(c) Changed "Number" to "Index" in caption and "ten (10)" to "10" in rule text.
LR 51-1(d)(2) Updated cross-reference from "LR 5-1(f)" to "the Practice Tip after LR 5-10(c)."
March 1, 2016
LR 51-1(d)(2) Updated cross-reference from "LR 5-10(c)" to "LR 5-11(c)."
January 1, 2019
LR 51-1(d)(2) Updated the cross-reference from "LR 5-11(c)" to "LR 5-10(c)."

 January 21, 2020

LR 51-1(d)(2)

Updated cross reference from "LR 5-10(c)" to "LR 5-9(c)."  Deleted "the" before and "system" after "CM/ECF."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers