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FOR OLIVIA - Prior to the pre-trial hearing, I filed

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requested jury instructions and special...
FOR OLIVIA - Prior to the pre-trial hearing, I filed requested jury instructions and special verdict questions. The judge and I got into it over my requested instructions resulting in no definitive decision by the judge. The opposing party did not file any requested jury instructions or special verdict questions. After the close of evidence, and outside the presence of the jury, the judge came back in and presented the jury instructions the judge decided to submit to the jury. However, Wis. Stat. 805.13(3) sets forth the procedure the judge must comply with before deciding jury instructions, and this procedure did not take place. Also, my case was a small claims case under s.799 which makes citation to s.805.13(4) which states the following: "Failure to object to a material variance or omission between the instructions given and the instructions proposed does not constitute a waiver of error." Because the instructions were not the law, and I did object at pretrial should the court not instruct as I requested, but did not object when the court presented the instructions the court decided on, did I waive my right on appeal as to the jury instructions?
Submitted: 7 months ago.Category: Legal
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Answered in 1 hour by:
11/10/2017
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
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