Wash. Civ. R. Cts. Ltd. Juris. 51

(a) Proposed. Unless otherwise requested by the trial judge on timely notice to counsel,

proposed instructions shall be submitted when the case is called for trial. Proposed instructions

upon questions of law developed by the evidence, which could not reasonably be anticipated,

may be submitted at any time before the court has instructed the jury.

(b) Submission. Submission of proposed instructions shall be by delivering the original

and three or more copies as required by the trial judge, by filing one copy with the clerk,

identified as the party's proposed instructions, and by serving one copy upon each opposing

counsel.

(c) Form. Each proposed instruction shall be typewritten or printed on a separate sheet of

letter-size (8-1/2 by 11 inches) paper. Except for one copy of each, the instructions delivered to

the trial court shall not be numbered or identified as to the proposing party. One copy delivered

to the trial court, and the copy filed with the clerk, and copies served on each opposing counsel

shall be numbered and identified as to proposing party, and may contain supporting annotations.

(d) Published Instructions.

(1) Request. Any instruction appearing in the Washington Pattern Instructions (WPI) may

be requested by counsel, who must submit the proper number of copies of the requested

instruction, identified by number as in section (c) of this rule, in the form counsel wishes it read

to the jury. If the instruction in WPI allows or provides for a choice of wording by the use of

brackets or otherwise, the written requested instruction shall use the choice of wording that is

being requested.

(2) Record on Review. Where the refusal to give a requested instruction is an asserted error

on review, a copy of the requested instruction shall be placed in the record on review.

(3) Local Option. Any court of limited jurisdiction may adopt a local rule to substitute for

subsection (d)(1) and to allow instructions appearing in the Washington Pattern Instructions

(WPI) to be requested by reference to the published number. If the instruction in WPI allows or

provides for a choice of wording by the use of brackets or otherwise, the local rule must require

that the written request which designates the number of the instruction shall also designate the

choice of wording which is being requested.

(e) Disregarding Requests. The trial court may disregard any proposed instruction not

submitted in accordance with this rule.

(f) Objections to Instruction. Before instructing the jury, the court shall supply counsel

with copies of its proposed instructions which shall be numbered. Counsel shall then be afforded

an opportunity in the absence of the jury to make objections to the giving of any instruction and

to the refusal to give a requested instruction. The objector shall state distinctly the matter to

which counsel objects and the grounds for the objection, specifying the number, paragraph or

particular part of the instruction to be given or refused and to which objection is made.

(g) Instructing the Jury and Argument. After counsel have completed their objections

and the court has made any modifications deemed appropriate, the court shall then provide each

counsel with a copy of the instructions in their final form. The court shall then read the

instructions to the jury. The plaintiff or party having the burden of proof may then address the

jury upon the evidence, and the law as contained in the courts instructions; after which the

adverse party may address the jury; followed by the rebuttal of the party first addressing the jury.

(h) Deliberation. After argument, the jury shall retire to consider its verdict. In addition to

the written instructions given, the jury shall take with it all exhibits received in evidence, except

depositions. Copies may be substituted for any parts of public records or private documents as

ought not, in the opinion of the court, to be taken from the person having them in possession.

Pleadings shall not go to the jury room.

(i) Questions from Jury During Deliberations. The jury shall be instructed that any

question it wishes to ask the court about the instructions or evidence should be signed, dated and

submitted in writing to the bailiff without any indication of the status of the jury’s deliberations.

The court shall notify the parties of the contents of the questions and provide them an

opportunity to comment upon an appropriate response. Written questions from the jury, the

court’s response and any objections thereto shall be made a part of the record. The court shall

respond to all questions from a deliberating jury in open court or in writing. In its discretion, the

court may grant a jury’s request to rehear or replay evidence, but should do so in a way that is

least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and

in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any

additional instruction upon any point of law shall be given in writing.

(j) Comments Upon Evidence. Judges shall not instruct with respect to matters of fact,

nor comment thereon.