(a) Purpose
The California jury instructions approved by the Judicial Council are the official instructions for use in the state of California. The goal of these instructions is to improve the quality of jury decision making by providing standardized instructions that accurately state the law in a way that is understandable to the average juror.
(b) Accuracy
The Judicial Council endorses these instructions for use and makes every effort to ensure that they accurately state existing law. The articulation and interpretation of California law, however, remains within the purview of the Legislature and the courts of review.
(c) Public access
The Judicial Council must provide copies and updates of the approved jury instructions to the public on the California Courts website. The Judicial Council intends that the instructions be freely available for use and reproduction.
(Subd (c) amended effective April 1, 2023; previously amended effective August 26, 2005, and January 1, 2007, and amended January 1, 2016.)
(d) Publication
The Judicial Council may contract with an official publisher and other publishers to publish the instructions in both paper and electronic formats. The Judicial Council may take appropriate actions to maintain the integrity of the jury instructions, including, without limitation, ensuring that publishers accurately publish the Judicial Council's instructions, accurately credit the Judicial Council as the source of the instructions, and do not claim copyright in the instructions.
(Subd (d) adopted effective April 1, 2023.
(e) Updating and revisions
The Judicial Council instructions will be regularly updated and maintained through its advisory committees on jury instructions. Revisions to these instructions will be circulated for public comment before publication. Suggestions for revising an instruction or creating new instructions may be submitted in writing, with an explanation of why the change is proposed to the Judicial Council of California, Legal Services.
(Subd (e) relettered and amended effective April 1, 2023; adopted as subd (d); previously amended effective January 1, 2016.)
(f) Use of instructions
Use of the Judicial Council instructions is strongly encouraged. If the latest edition of the jury instructions approved by the Judicial Council contains an instruction applicable to a case and the trial judge determines that the jury should be instructed on the subject, it is recommended that the judge use the Judicial Council instruction unless the judge finds that a different instruction would more accurately state the law and be understood by jurors. Whenever the latest edition of the Judicial Council jury instructions does not contain an instruction on a subject on which the trial judge determines that the jury should be instructed, or when a Judicial Council instruction cannot be modified to submit the issue properly, the instruction given on that subject should be accurate, brief, understandable, impartial, and free from argument.
(Subd (f) relettered and amended effective April 1, 2023; adopted as subd (e); previously amended effective August 26, 2005.)
Rule 2.1050 amended effective April 1, 2023; adopted as rule 855 effective September 1, 2003; previously amended effective August 26, 2005; and January 1, 2016; previously amended and renumbered as rule 2.1050 effective January 1, 2007.