§56-6-19. Instructions to jury generally; form and manner of
Upon the trial of any case, civil or criminal, before a jury,
either party may pray the court to give to the jury any instruction
which has been reduced to writing and submitted to the other party.
Such other party may object to the giving of such instruction.
Every such instruction which shall propound correctly law
applicable to the case not covered by other instructions shall be
given by the court to the jury as a part of a written charge by the
court to the jury, as hereinafter provided, in case such charge be
given, and otherwise shall be given as an independent instruction.
The court may, on its own motion, whether requested or not, in
writing define to the jury the issues involved and instruct them on
the law governing the case, but all such instructions shall first
be submitted to counsel on each side with opportunity to object
thereto. In lieu of the giving of separate instructions as herein
provided, the court may in writing instruct upon the law governing
the case, putting such instructions in the form of an orderly and
connected charge, incorporating therein the substance and, as far
as may be, the language of the instructions prayed upon either side
or prepared by the court on its own motion, with correctly
propounded law applicable to the case, which written charge shall
first be submitted to counsel on each side with opportunity to
specify and object to any part thereof. No objections shall lie to
the action of the court upon any instruction of the law to which it
relates shall have been correctly stated by the court in such
charge. The action of the court upon every instruction prayed, whether such instruction be given as asked or as modified,
independently or as part of the court's charge, or be refused,
shall be noted upon the margin thereof by the judge over his
signature. Either party may except to any and every ruling by the
court adverse to the prayer or objection by him with respect to any
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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