Jury Instructions Research Guide

  1. What are jury instructions?
  2. What are pattern jury instructions?
  3. Maryland Pattern Jury Instructions
  4. Finding superseded Maryland Pattern Jury Instructions
  5. Federal jury instructions
  6. Subject-specific jury instructions

1. What are jury instructions?

In a jury trial, the judge provides the jury with instructions about the relevant laws that should guide the jury's deliberations. Jury instructions may also be called jury charges or jury directions. Jury instructions vary from trial to trial and can apply to both criminal and civil trials.

Jury instructions may include a statement of the issues in the particular case, definitions of terms and words, and/or standards of proof (e.g., beyond a reasonable doubt, preponderance of the evidence).

2. What are pattern jury instructions?

Pattern jury instructions, also called model jury instructions, are sample jury instructions. Pattern or model jury instructions may be approved by a state's bar association or similar organization. However, pattern jury instructions are secondary resources, not binding primary authorities.

Pattern jury instructions often include commentary and annotations that summarize the relevant law and provide references to primary sources of law. Pattern jury instructions may also provide guidance for modifying the sample language provided for different situations.

3. Maryland Pattern Jury Instructions

There are two sets of jury instructions for Maryland. The Maryland State Bar Association (MSBA) publishes one set. LexisNexis publishes one set.

MSBA:

  • Maryland Civil Pattern Jury Instructions (Fifth Edition, 2017)
  • Maryland Criminal Pattern Jury Instructions (Second Edition, 2012)

Research Note: Currentness

Both MSBA titles are loose-leaf publications. This means that the pages are contained in a binder. The Library updates the contents of the publication by removing amended pages and replacing them with new pages. The old pages are then discarded. This is a common publication and update format for legal publications.

Supplements are not published on a regular schedule. Check the title page or supplement page of the binder to determine the date of the last update.

LexisNexis:

  • Maryland Civil Jury Instructions and Commentary, last updated 1996
  • Maryland Criminal Jury Instructions and Commentary

Research Note: Currentness

Maryland Civil Jury Instructions and Commentary was published by the Michie Company in 1993. There is one update, which was issued in 1996.

Maryland Criminal Jury Instructions and Commentary is published annually in two soft-bound volumes.

4. Finding superseded Maryland Pattern Jury Instructions

Researchers may want to determine the language of a pattern jury instruction for a specific point in time. This is challenging and finding this language may not be possible.

How to approach this research depends on the specific publication because the publication format and update history will impact research strategies. The checklists below provide guidance and tips for researchers.

5. Federal jury instructions

For federal pattern jury instructions, the following resources provide sample jury instructions, guidance, and helpful information about relevant federal laws.

  • Federal Jury Practice and Instructions (Thomson Reuters)
  • Modern Federal Jury Instructions: Civil and Criminal (LexisNexis)
  • Federal Jury Practice and Instructions: Civil Companion Handbook (Thomson Reuters)
  • Federal Jury Practice and Instructions: Criminal Companion Handbook (Thomson Reuters)

Model civil jury instructions may be available for your federal circuit. Updates vary by circuit. Not all federal circuits have published jury instructions. For example, the Fourth Circuit, which includes the state of Maryland, does not have published jury instructions.

Check the federal circuit's website for more information. The U.S. Courts website is a good resource to identify the appropriate federal circuit and find a court's official website.

Search the Library's online catalog for model jury instructions for specific federal circuits or contact a law librarian for assistance.

6. Subject-specific jury instructions

Pattern jury instructions may be available for specific areas of law, such as employment, medical, and products liability. Search the Library's online catalog for subject specific jury instructions or contact a law librarian for assistance.