Sample jury instructions montana

Decisions on jury instructions are within the trial court’s discretion, and the Montana Supreme Court will only reverse the decision if the trial court has abused its discretion. Cechovic v. Hardin & Assocs., 273 Mont. 104, 116, 902 P.2d 520, 527 (1995). When reviewing a trial court’s decision on jury instructions, we consider the “instructions in their entirety and in connection with other instructions given and the evidence introduced at trial.” Story v. City of Bozeman, 259 Mont. 207, 222, 856 P.2d 202, 211 (1993) (overruled on other grounds). See also Busta v. Columbus Hosp, 276 Mont. 342, 359–60, 916 P.2d 122, 132 (1996).

If the “subject matter of the instruction is not applicable to the pleadings and facts, or not supported by the evidence introduced at trial, or the subject matter is adequately covered by other instructions submitted to the jury,” a failure to give the offered instruction will not constitute prejudice. Busta, 276 Mont. 359–60, 916 P. 2d 133.