Pattern Jury Instructions: Some Suggetions on Use and the Problem of Presumptions

Professor Stevens' article had its genesis as a book review of the New York Pattern Jury Instructions-Civil, Vol. 1 and 2 (temporary) (1965); it soon became apparent, however, that the project was of larger dimensions than most book reviews. Accordingly, and to facilitate proper indexing, the editors decided to publish the manuscript as an article. Professor Stevens critically appraises the New York pattern instructions and compares them with those of California, Illinois and other states. Because of the imminent publication of similar instructions for Washington, Professor Stevens offers some practical proposals such as appending federal annotations to pattern instructions for use in diversity cases, and changing present Washington rules and statutes so as to allow trial court judges more time to consider proposed instructions by requiring their submission in advance of the time they must be given, with opportunity for changes and amendments as the circumstances may warrant.

Finally, Professor Stevens offers some suggestions on the use of presumptions and makes some concrete proposals toward a solution of the problems they present to Washington courts and attorneys.