What is the test for the purpose of instructing a jury to consider whether there is sufficient probative evidence of urgency to justify a jury instruction?

⁹ A litigant is entitled to an instruction on a claim where that claim is supported by evidence of probative value. Anderson v. Branen, 17 F.3d 552, 557 (2d Cir.1994). All that a party needs to show is that there is some evidence supporting the theory behind the instruction so that a question of fact may be presented to the jury. Id. While it would have been useful for our review to have a transcript of the district court's reasons for including this jury instruction, the record clearly reveals that there was insufficient probative evidence of urgency to justify the instruction.

⁹ A litigant is entitled to an instruction on a claim where that claim is supported by evidence of probative value. Anderson v. Branen, 17 F.3d 552, 557 (2d Cir.1994). All that a party needs to show is that there is some evidence supporting the theory behind the instruction so that a question of fact may be presented to the jury. Id. While it would have been useful for our review to have a transcript of the district court's reasons for including this jury instruction, the record clearly reveals that there was insufficient probative evidence of urgency to justify the instruction.