When a party raises a contemporaneous objection to a jury instruction, does the court have to review the original instruction or grant a new trial?

MultiRegion, United States of America

The following excerpt is from Crowley v. Epicept Corp., 883 F.3d 739 (9th Cir. 2018):

"When a party raises a contemporaneous objection to a jury instruction, we review the jury instruction either de novo or for abuse of discretion, depending on the nature of the error." Chess v. Dovey , 790 F.3d 961, 970 (9th Cir. 2015). "We review a district court's formulation of civil jury instructions for an abuse of discretion, but we consider de novo whether the challenged instruction correctly states the law." Wilkerson v. Wheeler , 772 F.3d 834, 838 (9th Cir. 2014). Similarly, a new trial

[883 F.3d 748]

may be warranted if the district court has given "erroneous jury instructions" or failed "to give adequate instructions." Murphy v. City of Long Beach , 914 F.2d 183, 187 (9th Cir. 1990). We review the district court's denial of a motion for a new trial for an abuse of discretion. Id. at 186.

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