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Federal Rules of Civil Procedure (FRCP) QUESTION #3694
Question 1
In a federal jury trial, the judge provides jury instructions. The defendant's counsel disagrees with one instruction but decides not to object until after the jury begins deliberations to avoid 'annoying the judge.' Can the defendant later appeal the instruction?
  • Yes, jury instructions are reviewed de novo on appeal regardless of objection.
  • No, the party must object on the record before the instructions are delivered to preserve the error.
  • Yes, but only if the court finds that the instruction constituted plain error affecting substantial rights.✔️
  • No, unless the judge specifically granted permission to object later.
Correct Answer Explanation
Under Rule 51(d)(2), a court may consider a plain error in the instructions that has not been preserved as required by Rule 51(d)(1) if the error affects substantial rights.