Rule 28.02 - Use of Instructions and Verdict Forms(a) Duty of Court. In every trial for a criminal offense the court shall instruct the jury in writing upon all questions of law arising in the case that are necessary for their information in giving the verdict.(b) Request for Instructions and Verdict Forms. At the close of the evidence, or at such earlier time as the court may direct, counsel shall submit to the court instructions and verdict forms that the party requests be given. Instructions and verdict forms that a party requests shall be submitted in writing with an original and one copy for the court and one copy for each party. Each copy shall contain a notation at the end of the instruction as follows: "MAI-CR ___", "MAI-CR ___, Modified", or "Not in MAI-CR ___", as the case may be.(c) MAI-CR Excludes Use of Other Forms. Whenever there is an MAI-CR instruction or verdict form applicable under the law and Notes On Use, the MAI-CR instruction or verdict form shall be given or used to the exclusion of any other instruction or verdict form.(d) Guide for Form of Instruction Where MAI-CR Not Applicable. If an MAI-CR form must be modified or if there is no applicable MAI-CR form, the modified form or the form not in MAI-CR, if given, shall be simple, brief, impartial, and free from argument. It shall not submit detailed evidentiary facts. All instructions, where possible, shall follow the format of MAI-CR instructions, including the skeleton forms therein.(e) Procedure for Marking Instructions. At the close of the evidence the court shall call a conference of counsel for the purpose of considering instructions and verdict forms. All instructions to be given to the jury at the close of all the evidence shall be numbered consecutively and in such order as the court shall determine unless otherwise instructed in approved Notes On Use. All written requests for instructions and verdict forms that are refused shall be so marked by the court, identified alphabetically, filed, and shall be kept as a part of the record of the case. The court shall dictate into the record which party requested each instruction and verdict form given or refused and which instructions and verdict forms were given on the court's own motion. The original of all numbered instructions and all verdict forms shall be handed to the jury for its use during its deliberation and shall be returned to the court and filed at the conclusion of the jury's deliberation.(f) Violation of Rule - Effect. The giving or failure to give an instruction or verdict form in violation of this Rule 28.02 or any applicable Notes On Use shall constitute error, the error's prejudicial effect to be judicially determined, provided that objection has been timely made pursuant to Rule 28.03.Adopted June 13, 1979, eff. 1/1/1980. Amended June 10, 1980, eff. 1/1/1981; 10/16/1986, eff. 1/1/1987; 8/19/1994, eff. 7/1/1995.Committee Note - 1980
This is the same as prior Rule 20.02.