Thursday, November 07, 2024

Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

(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."