What is the standard of instruction for a defendant in a civil case?

California, United States of America


The following excerpt is from People v. Martinez, D062309 (Cal. App. 2013):

" ' "[T]he trial court normally must, even in the absence of a request, instruct on general principles of law that are closely and openly connected to the facts and that are necessary for the jury's understanding of the case." [Citation.] In addition, "a defendant has a right to an instruction that pinpoints the theory of the defense. . . ." ' [Citation.] The court, however, 'may properly refuse an instruction offered by the defendant if it incorrectly states the law, is argumentative, duplicative, or potentially confusing [citation], or if it is not supported by substantial evidence [citation]." ' [Citation.]" (People v. Bivert (2011) 52 Cal.4th 96, 120.)

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