The Oklahoma Bar Journal November 2025

T rial by J ury

OUJI Bored? Crafting Novel and Modified Jury Instructions in Oklahoma By Andrew J. Hofland and Justin A. Lollman J URY INSTRUCTIONS SHOULDN’T BE AN AFTERTHOUGHT. There’s a reason why many trial lawyers advocate for starting with jury instructions and working backward from there. After all, how can you set your course if you don’t know where you’re going? Jury instructions are more than housekeeping; they form the architecture of your case. But the jurisdiction’s uniform or pattern jury instructions aren’t always enough. How those instructions are modified and tailored – and, perhaps more importantly, which additional instructions are included – transforms a raw template into a jury charge that actually assists jurors and guides their deliberations. Giving extra thought and planning to your novel and modified jury instructions will help streamline your case through trial, verdict and appeal.

explained to the jury – and, in turn, how to orient the evidence to what must be proven at trial. THE WORLD BEYOND OUJI But stock OUJIs aren’t every thing. Sometimes, the circumstances call for a variance from the template. A non-OUJI instruction is required by statute 1) when the OUJI is silent on a particular issue and 2) when the pertinent OUJI “does not accu rately state the law.” 3 When the OUJI Is Silent Although the OUJIs have instructions ranging from oft used and generally applicable ( i.e. , direct and circumstantial

(OUJI-CIV (1d)) to follow soon after. Since then, Oklahoma has added instructions for deprived child jury trials (OUJI-JUV) and subsequent editions and amend ments across the OUJIs. More than just authorized by the Legislature, their use is required. Under 12 O.S. §577.2, a trial judge must use the OUJI text if it “contains an instruction applicable ... giving due consideration to the facts and the prevailing law.” 2 Having the uniform instructions as a presump tive starting point provides perhaps obvious benefits. With uniform instructions, the parties and court can operate with a level of expec tation as to how the law will be

THE DEFAULT STARTING POINT, THE OUJIS In Oklahoma state courts, jury charges are predominantly based on the Oklahoma Uniform Jury Instructions (OUJIs). In 1968, as states began embracing pat tern instructions, Oklahoma’s Legislature authorized their creation, calling them “necessary to the equal and uniform admin istration of justice” to reduce reversals arising from instruc tional error. 1 By the early 1980s, a committee of judges, practitioners and academics produced the first criminal compilation of uniform jury instructions (OUJI-CR (1d)), with the first civil compilation

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL