Throughout trial, the court provides instructions to the jury. At the outset of trial, the court instructs the jury whether taking notes is permitted, that researching the parties or lawyers on the internet is not permitted, that discussing the matter with spouses and friends is not permitted and, inter alia, the court's schedule. During trial, the court may need to give the jury limiting instructions, advising the jury that evidence is being admitted only for a limited purpose. Or the court may give the jury a curative instruction to correct some error during trial. And, critically, at the end, the court charges the jury with an instruction on the law tailored to the facts at hand.

All of these instructions are important and must be conducted on the record with counsel present. Although the jury may be uncertain what to make of testimony or other evidence, jurors try hard to apply the instructions precisely as stated by the court. The instructions are the one thing jurors should absolutely understand because they must be in plain, simple language. Because of the impact that instructions have upon the jurors at every stage of trial, it behooves trial counsel to really give consideration to proposed instructions at any stage of trial.

Basic Types of Instructions

• Limiting instructions. Evidence, such as repairing a sidewalk, may not be introduced to prove fault if someone trips because we want to encourage people to repair their sidewalks. But, that same evidence may be appropriately introduced to show ownership or control. If the defendant wants to insist upon tightly following the law, the defendant may request that the jury be given a limiting instruction telling the jury that they can consider that defendant repaired the sidewalk solely for the purpose of ownership but nor for the purpose of fault. Because most jurors are human, they will struggle to make sure that the left side of their brain doesn't use the information contained in the right side.