When can a jury instruction on contributory negligence be proposed in a trial?

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A jury instruction on contributory negligence can be proposed before closing arguments because it is critical for the jury to understand the applicable legal standards as they prepare for deliberation. Instructions are typically finalized after the close of evidence but before the jury begins to deliberate, and this timeframe allows both parties to frame their arguments based on how the court interprets the evidence presented.

It is essential that the parties have the opportunity to propose these instructions during the trial but ideally before closing arguments, as the closing arguments will focus on the evidence in light of the applicable law.

After the close of evidence is a standard time for proposing jury instructions, but this choice does not allow for the parties to adjust their closing arguments based on the instructions presented. Proposing contributory negligence instructions beforehand helps ensure that all aspects of liability are appropriately covered and understood.

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