25-1114. Instructions; paragraphing; numbering; filing; record.

If the giving or refusal be excepted to, the same may be without any stated reason therefor, and all instructions demanded, as well as all instructions given to the jury by the court on its own motion, must be plainly and legibly written in consecutively numbered paragraphs, and filed by the clerk before being read to the jury by the court; and such instructions shall be preserved as part of the record of the cause in which they were given.

Source

Annotations

1. Writing and filing

2. Tender

3. Objections and exceptions

4. Miscellaneous

1. Writing and filing

Instructions must be filed before being read to the jury. Segebart v. Gregory, 160 Neb. 64, 69 N.W.2d 315 (1955).

Statute requires all instructions to be in writing and filed by the clerk before being read to the jury. Whitehall v. Commonwealth Casualty Co., 125 Neb. 16, 248 N.W. 692 (1933).

That instructions were not filed before read is not available error unless excepted to. Minzer v. William Mercantile Co., 59 Neb. 410, 81 N.W. 307 (1899); Fire Assn. of Philadelphia v. Ruby, 58 Neb. 730, 79 N.W. 723 (1899).

2. Tender

Before error can be based upon failure to instruct, proper instruction must be prepared and tendered by court. Weber Bros. v. Whetstone, 53 Neb. 371, 73 N.W. 695 (1898).

3. Objections and exceptions

Where instruction did not fully state law, but did not misstate it, attention of trial court must be called to omission, or not reversible error. Edwards & Bradford Lumber Co. v. Lamb, 95 Neb. 263, 145 N.W. 703 (1914).

Under former statute instructions were not reviewed where no exceptions taken during trial. Acme Harvesting Machine Co. v. Brigham, 95 Neb. 62, 144 N.W. 1035 (1914); Union P. R. R. Co. v. Meyer, 76 Neb. 549, 107 N.W. 793 (1906).

Party not objecting to instructions is presumed to be satisfied therewith. Beckwith v. Dierks Lumber & Coal Co., 75 Neb. 349, 106 N.W. 442 (1905).

Errors in ruling on instructions must be separately assigned in motion for new trial. Globe Oil Co. v. Powell, 56 Neb. 463, 76 N.W. 1081 (1898); Kloke v. Martin, 55 Neb. 554, 76 N.W. 168 (1898); McCormick Harvesting Machine Co. v. Courtright, 54 Neb. 18, 74 N.W. 418 (1898); Karnes v. Dovey, 53 Neb. 725, 74 N.W. 311 (1898).

Objections to instructions must be presented to the trial court by motion for new trial. Hake v. Woolner, 55 Neb. 471, 75 N.W. 1087 (1898); Hanover Fire Ins. Co. v. Schellak, 35 Neb. 701, 53 N.W. 605 (1892).

Error in giving oral instructions is not reversible unless excepted to. Elliott v. Carter White-Lead Co., 53 Neb. 458, 73 N.W. 948 (1898).

Failure to except to instruction does not waive exception taken to evidence on same point. Rosenthal v. Ogden, 50 Neb. 218, 69 N.W. 779 (1897).

4. Miscellaneous

Instructions should cover issues where supported by evidence. Hessig-Ellis Drug Co. v. Harley Drug Co., 95 Neb. 267, 145 N.W. 716 (1914).

Refusal to direct verdict against plaintiff at close of his case is waived by introduction of evidence by defendant. Mack v. Parkieser, 53 Neb. 528, 74 N.W. 38 (1898).

Instructions based on evidence cannot be reviewed in absence of bill of exceptions. Sunday Creek Coal Co. v. Burnham, 52 Neb. 364, 72 N.W. 487 (1897).