(2) Whenever the court refuses to give any requested instruction, the court shall write the word “refused” in the margin of the original and initial or sign the notation. Whenever the court modifies any requested instruction, the court shall mark the same in such manner that it shall distinctly appear how the instruction has been modified and shall initial or sign the notation. The instructions given to the jury shall be firmly bound together and the court shall write the word “given” at the conclusion thereof and sign the last of the instructions. After the jury has reached a verdict and been discharged, the originals and copies of all instructions, whether given, modified or refused, shall be made part of the trial court record. (3) The court shall instruct the jury before the parties’ arguments to the jury, but this shall not prevent the giving of further instructions that may become necessary by reason of the argument. The jury shall be permitted to take to the jury room the written instructions given by the court, or a true copy thereof. [As amended; effective January 1, 2005.] (c) Objections. (1) A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection. (2) An objection is timely if: (A) a party that has been informed of an instruction or action on a request before the jury is instructed and before final arguments to the jury, as provided by Rule 51(b)(1)(A), objects at the opportunity for objection required by Rule 51(b)(1)(B); or (B) a party that has not been informed of an instruction or action on a request before the time for objection provided under Rule 51(b)(1)(B) objects promptly after learning that the instruction or request will be, or has been, given or refused. [As amended; effective January 1, 2005.] (d) Assigning Error; Plain Error. (1) A party may assign as error: (A) an error in an instruction actually given if that party made a proper objection under Rule 51(c), or (B) a failure to give an instruction if that party made a proper request under Rule 51(a), and, if the court did not make a definitive ruling on the record rejecting the request, also made a proper objection under Rule 51(c). (2) A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by Rule 51(d)(1)(A) or (B). [As amended; effective January 1, 2005.] (e) Scope. This rule governs instructions to the trial jury on the law that governs the verdict. Other instructions, including preliminary instructions to a venire and cautionary or limiting instructions delivered in immediate response to events at trial, are not within the scope of this rule. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment The rule is amended to conform to the 2003 amendments to the federal rule with a few exceptions. Subdivision (a) governs requests. It mirrors subdivision (a) of the federal rule with some exceptions noted below. Subdivision (a)(1) retains the first sentence of the former rule with some technical amendments. The provision differs from the federal rule in that it specifies that written requests must be filed in the format directed by the court, requires a party to provide a citation to or a copy of any legal precedent that the party relies on to support or object to a requested instruction, and requires the requesting party to file an original and one copy of each requested instruction and to number the instructions on the copies and indicate who filed them. Subdivision (a)(2) is identical to the 2003 amendments to the federal rule and addresses unanticipated and untimely requests. Subdivisions (b)(1)(A) and (B) track the 2003 amendments to subdivision (b)(1) and (2) of the federal rule. Subdivision (b)(1)(A) requires the court to inform the parties of the proposed instructions and the proposed action on requested instructions before instructing the jury and before final jury arguments. Subdivision (b)(1)(B) carries forward the opportunity to object established by former Rule 51, but it makes explicit the opportunity to object on the record. Subdivision (b)(2) is unique to the Nevada rule. It addresses proper record keeping regarding given and refused jury instructions and is based in part on Hawaii Rule of Civil Procedure 51(c) and in part on NRS 16.110. Subdivision (b)(3) addresses when the court should instruct the jury. The federal rule and the former Nevada rule are revised to provide that the court shall instruct the jury before final arguments. The phrase “unless a party demands otherwise” in the former Nevada rule is not retained in the revised rule. The final sentence of subdivision (b)(3) is retained from former Rule 51; the federal rule has no counterpart. Subdivision (c) addresses the requirements for a proper objection to an instruction or the failure to give an instruction. The provision conforms to the 2003 amendment to the federal rule. Subdivision (c)(1) retains the requirement in former Rule 51 that the objection state distinctly the matter objected to and the grounds of the objection, but it makes explicit the requirement that the objection be made on the record. Subdivision (c)(2) makes clear when an objection is timely. Subdivision (d) addresses what is required to preserve the right to appeal the giving of an instruction or the failure to give an instruction and the applicability of plain error review where a party fails to preserve the right to appellate review. The provision conforms to the 2003 amendments to the federal rule, with some minor rewording of paragraph (1)(B). Subdivision (e) is unique to the Nevada rule. It addresses the scope of the rule. The provision mirrors language in the advisory committee notes to the 2003 amendments to the federal rule. RULE 52. FINDINGS BY THE COURT; JUDGMENT ON PARTIAL FINDINGS (a) Effect. In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the evidence or appear in an opinion or memorandum of decision filed by the court. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in subdivision (c) of this rule. But an order granting summary judgment shall set forth the undisputed material facts and legal determinations on which the court granted summary judgment. [As amended; effective January 1, 2005.] (b) Amendment. Upon a party’s motion filed not later than 10 days after service of written notice of entry of judgment, the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59. When findings of fact are made in actions tried without a jury, the sufficiency of the evidence supporting the findings may later be questioned whether or not in the district court the party raising the question objected to the findings, moved to amend them, or moved for partial findings. [As amended; effective January 1, 2005.] (c) Judgment on Partial Findings. If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence. Such a judgment shall be supported by findings of fact and conclusions of law as required by subdivision (a) of this rule. [Added; effective January 1, 2005.] Drafter’s Note 2004 Amendment Subdivision (a) is amended to conform to the 1963 and 1983 amendments to the federal rule by providing that the court’s judgment in a case tried without a jury shall be entered pursuant to Rule 58, that the court may make the findings of fact and conclusions of law required in nonjury cases orally and by including a reference to new subdivision (c) in the last sentence. The revised rule does not include the 1985 amendment to subdivision (a) of the federal rule. The last sentence is added to conform this rule with the change to Rule 56(c) requiring that an order granting summary judgment set forth the undisputed material facts and legal determinations on which the court granted summary judgment. The amendments to subdivision (b) are technical. Subdivision (c) is added. It conforms to the 1991 amendment to the federal rule. The provision parallels revised Rule 50(a), but it applies to nonjury trials. It authorizes the court to enter judgment at any time that it can appropriately make a dispositive finding of fact on the evidence. The new subdivision replaces part of former Rule 41(b), which had authorized a dismissal at the close of a plaintiff’s case if the plaintiff had “failed to prove a sufficient case for the court.”

Vegas Law