Is the record of a jury trial incomplete because it does not include all the instructions given to the jury?

California, United States of America


The following excerpt is from Harb v. City of Bakersfield, 183 Cal.Rptr.3d 59, 233 Cal.App.4th 606 (Cal. App. 2015):

Therefore, defendants' claim that the record is incomplete because it does not include all the instructions given to the jury is inaccurate. Furthermore, the claim that the record is incomplete because it does not contain the instructions requested but not given is unpersuasive because there has been no showing that the rejected instructions have any bearing on the issues raised by plaintiffs. Consequently, we will consider the merits of plaintiffs' claims of instructional error. (See Ballard v. Uribe (1986) 41 Cal.3d 564, 574, 224 Cal.Rptr. 664, 715 P.2d 624 [appellant must provide an adequate record of lower court's proceedings].)

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