New Mexico Forms Library

Decision Information

Decision Content

14-108. Explanation; closing argument; improper argument on meaning of words contained in instructions but not defined.1

            The [word] [language] __________________2 is not defined in the instruction because a definition was not considered to be necessary.

            During your deliberation, if you have a question as to the meaning of the [word] [language], you may make a written request for a definition and I will give you one.3

 

USE NOTES

            1.         For use during closing argument when counsel misstates the law concerning the meaning of a word or words not defined in the instructions. It may be given orally during closing argument or in writing after closing arguments. It may be given at the request of a party objecting to the argument, and may be given on the court's own motion.   

            2.         Indicate the word or language, the meaning of which is in dispute.

            3.         Upon receipt of a request from the jury, use a UJI definition instruction if one is appropriate. If there is no appropriate UJI definition, use a dictionary definition if it correctly states the law and resolves the dispute. Otherwise, draft an instruction.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.