How are Jurors Instructed in a Civil Case?
October 2025
In a civil case, jury instructions are the legal "rulebook" given to the jury by the judge. The primary purpose of the jury instructions is to guide the jury in applying the law to the facts that have come into evidence during the evidentiary part of the trial. Jurors are not legal experts, so the instructions attempt to translate complex legal principes into actionable guidelines.
Near the end of the trial, before the jury retires for deliberations the judge will read the instructions aloud in the courtroom. This reading of the instructions is a formal part of the trial record. The jury will be given a written copy of the insructions to take with them to the jury room to assist them in their deliberations. In many cases, more than one copy of the instructions will be provided to the jury.
Wisconsin uses "pattern jury instructions" - these are pre-written instructions that have been vetted by a commitee before being placed in a jury instruction book. Judges rely heavily on these instructions for their accuracy and to avoid reversible error on appeal. If the law is not stated correctly to a jury, this is a common ground to seek a new trial on appeal.
Jury instructions serve as the essential bridge between the abstract law and the concrete facts of a case. Jurors take an oath to follow the law and apply the law to the facts of the case.
At Herrick & Hart, we have been trying civil jury trials since 1951. Let us put our experience to work for you