Wisconsin jury instructions are standardized templates that translate statutes and case law into language jurors can understand and apply during a trial. Wisconsin circuit courts work from three sets of these pattern instructions, covering criminal, civil, and juvenile matters, all maintained by standing committees of the Wisconsin Judicial Conference. They carry significant weight in the courtroom, but they are not binding law, which leaves judges room to modify them when a case calls for it.
What They Are and Whether Judges Must Follow Them
Pattern instructions are treated as persuasive authority rather than binding law. A judge can depart from the standard wording when the facts of a case call for different phrasing, as long as the resulting instruction accurately states the law. Appellate courts have described these instructions as presumed to be correct statements of the law, so most trial judges stay close to the templates unless they have a specific reason not to.
Wisconsin law puts a clear duty on the judge to instruct the jury. In civil cases, Wis. Stat. § 805.13(4) requires the court to instruct the jury either before or after closing arguments and to give the jury one complete set of written instructions covering the burden of proof and the substantive law.1Wisconsin State Legislature. Wisconsin Statutes 805.13 – Jury Instructions; Note Taking; Form of Verdict Criminal cases run on a parallel track under Wis. Stat. § 972.10(5), which likewise requires one complete written set for the jury.2Wisconsin State Legislature. Wisconsin Statutes 972.10 – Trial
A trial court has broad discretion in choosing which instructions to give. Appellate courts independently review whether a particular instruction fit the facts, and if a flawed instruction affected a party’s substantial rights, the verdict can be reversed.
The Three Sets
Wisconsin organizes its pattern instructions into three separate sets, each addressing a different area of law.3Wisconsin State Law Library. Wisconsin Jury Instructions
Criminal Instructions
The criminal set covers offenses ranging from homicide and assault under Chapter 940 to drug crimes, property offenses, and white-collar charges. Each instruction lays out the specific elements the prosecution must prove beyond a reasonable doubt. Criminal Instruction 1010, for example, addresses first-degree intentional homicide under § 940.01(1)(a) and breaks the offense into its required elements: causing the death of another human being with the intent to kill.4Wisconsin State Law Library. Wis. JI-Criminal 1010 – First Degree Intentional Homicide The criminal instructions are described as models, checklists, or minimum standards, and courts are expected to modify them to fit the facts of the case.5Wisconsin State Law Library. Wisconsin Criminal Jury Instructions
Civil Instructions
Civil instructions handle private disputes such as negligence claims, breach of contract, and property disagreements. The burden of proof in most civil cases is a preponderance of the evidence, and the instructions explain that standard to jurors. Wisconsin civil cases also frequently use special verdicts under Wis. Stat. § 805.12, where the jury answers specific written questions about the material facts rather than returning a single general verdict.6Wisconsin State Legislature. Wisconsin Statutes 805.12 – Special Verdicts Civil instructions walk jurors through each question on the verdict form so they can determine liability, calculate damages, or allocate fault.
Juvenile Instructions
The third set covers proceedings involving minors, including termination of parental rights and delinquency hearings. Special proceedings such as Chapter 51 mental health commitments also have dedicated instructions that address the procedural requirements and individual rights involved.7Wisconsin Court System. Judicial Conference
When and How Jurors Receive Them
Instructions are not just read aloud at the end of trial. The process begins much earlier and runs through several distinct phases.
Preliminary Instructions
After the jury is sworn, the court may give preliminary instructions covering the nature of the case, what counts as evidence, the burden of proof, how to weigh witness credibility, and the direction not to discuss the case until deliberations. Any preliminary instructions given can be repeated in the final charge at the close of evidence.1Wisconsin State Legislature. Wisconsin Statutes 805.13 – Jury Instructions; Note Taking; Form of Verdict
Juror Note-Taking
After the jury is sworn, the court must decide whether jurors may take notes during the proceedings. If note-taking is allowed, the court provides materials and tells jurors their notes are confidential. Jurors may refer to the notes during trial and deliberations. If the court decides not to allow note-taking, it must put its reasons on the record. All juror notes are collected and destroyed after the verdict.1Wisconsin State Legislature. Wisconsin Statutes 805.13 – Jury Instructions; Note Taking; Form of Verdict
Written Instructions in the Jury Room
Both the civil and criminal statutes require the court to give the jury one complete set of written instructions covering the burden of proof and substantive law. Jurors in Wisconsin do not have to rely on memory alone. They take a written copy into the deliberation room, which is part of why the precise wording of each instruction matters so much.
How Attorneys Shape the Instructions in a Case
Standard templates almost always need some tailoring before they reach the jury. Both sides prepare proposed instructions they believe accurately reflect the legal issues, often inserting the names of parties or witnesses, specific dates, or particular facts from the trial so that abstract legal standards become concrete.
At the close of evidence and before closing arguments, the court holds a formal instruction conference with counsel outside the jury’s presence. Each side files written motions requesting specific instructions. The judge announces on the record which instructions will be given, and attorneys may object. Objections must be specific. Saying an instruction “doesn’t state the law” is not enough; counsel has to identify exactly what language is wrong and why.1Wisconsin State Legislature. Wisconsin Statutes 805.13 – Jury Instructions; Note Taking; Form of Verdict The criminal statute imposes the same specificity requirement.2Wisconsin State Legislature. Wisconsin Statutes 972.10 – Trial
When no pattern instruction exists for a particular legal issue, the court may draft an original instruction based on the relevant statutes and appellate decisions. Standard or custom, the instruction has to clearly and accurately state the law. Poor wording is one of the most common grounds for appeal.
Objecting to Preserve an Error for Appeal
Wisconsin has an unforgiving waiver rule. If you don’t object to a proposed instruction during the instruction conference, you’ve waived the error, and the appellate court will not hear the argument.1Wisconsin State Legislature. Wisconsin Statutes 805.13 – Jury Instructions; Note Taking; Form of Verdict
There is one important exception. If the instruction actually read to the jury materially differs from or omits something in the instruction discussed at the conference, failing to object to that variance does not waive the error. You cannot be expected to object to a change you haven’t heard yet. But for everything discussed at the conference, speak up or lose it.
Even when an error is preserved, reversal is not automatic. Under Wis. Stat. § 805.18(2), the appellate court looks at the entire proceeding and reverses only when the error affected a party’s substantial rights, meaning there is a reasonable possibility that the error contributed to the outcome. In criminal cases, the error is harmless if a rational jury would have reached the same verdict without the flawed instruction.8Wisconsin State Legislature. Wisconsin Statutes 805.18 – Mistakes and Omissions; Reversal
Where to Find Them
The Wisconsin State Law Library publishes all current jury instructions for free at wilawlibrary.gov. The site sorts them into criminal, civil, and children’s categories, each with a searchable table of contents, an alphabetical index, and a statute comparison table. Complete, printable copies of each set are available as single downloadable files.3Wisconsin State Law Library. Wisconsin Jury Instructions
Instructions are numbered within each category. The standard citation format is “Wis JI—Criminal 1010” or “Wis JI—Civil 1005,” and courts expect attorneys to use these citations when asking that an instruction be given verbatim.4Wisconsin State Law Library. Wis. JI-Criminal 1010 – First Degree Intentional Homicide
The law library website publishes only current instructions. For historical or superseded versions, contact the Wisconsin State Law Library reference desk. Archived compilations are also available on the Wisconsin Digital Archive website for roughly 2019–2020 onward. The Wisconsin Court system itself does not produce physical publications, though private publishers may offer print editions.
A Note on Federal Cases in Wisconsin
Pattern instructions issued by the Wisconsin Judicial Conference apply in state circuit courts. Cases in Wisconsin’s two federal district courts, which sit within the Seventh Circuit, use a separate set of federal pattern jury instructions covering criminal, civil, and patent matters.9United States Court of Appeals for the Seventh Circuit. Pattern Jury Instructions Federal instructions reflect federal statutes and constitutional standards; the Wisconsin instructions track the Wisconsin Statutes and state case law. An attorney practicing in both systems works with both sets.