1. The North Dakota Pattern Jury Instructions must be used with discretion, keeping in mind the following principles: a) NDPJI is neither a restatement nor an encyclopedia of the prevailing law. The intent is to provide forms of instructions which are clear, unambiguous, impartial, and free from argument for specific subjects which are most often litigated. b) The instructions are not all inclusive. c) The law prevailing during the period of drafting is reflected in the instructions. As the law in any field becomes more refined or modified by statue or appellate decisions, NDPJI instructions should be modified.
2. Revisions will be required in many cases as to gender and number. Names of the parties shall be used wherever possible.
3. In many instances, alternatives or probable omissions have been included in parentheses or brackets. Where alternatives are indicated, the more appropriate one, in light of the evidence and the theory of the case, should be used. Indicated omissions should be treated in a similar manner.
4. “Notes” following each instruction contain cross references, directions, or cautions with respect to its use.
5. Parties are entitled to instructions as to their theories of the case, if supported by the evidence.
6. When the instructions are read or given to the Jury, the notes and citations should be omitted.