Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable in a civil case or a criminal case, giving due consideration to the facts and the prevailing law, and the court determines that the jury should be instructed on the subject, the
OUJI instructions shall be used unless the court determines that it does not accurately state the law. Whenever OUJI does not contain an instruction on a subject on which the court determines that the jury should be instructed, the instruction given on that subject should be simple, brief, impartial and free from argument. Counsel for either party or parties shall have a right to request instructions by so requesting in writing. Each instruction shall be accompanied by a copy, and a copy shall be delivered to opposing counsel. In addition to numbering the copies and indicating who tendered them, the copy shall contain a notation substantially as follows: "OUJI No. ______" or "OUJI No. ______ Modified" or "Not in OUJI" as the case may be. Added by Laws 1968, c. 201, § 2, emerg. eff. April 19, 1968.
Notes of Decisions
Cited in
47
cases (
6 in the last 5 years), 1985–2026 · leading case:
In the Matter of K. H., 2021 OK 33 (Okla. 2021).
In the Matter of K. H., 2021 OK 33 (Okla. 2021).
· cites it 3× “" 12 O.S.2011 § 577.2. To determine the applicability of OUJI to a case, the court gives "due consideration to the facts and the prevailing law.”
United States v. Hamilton, 889 F.3d 688 (10th Cir. 2018).
· cites it 2× “Okla. Stat. tit. 12, § 577.2 . As a result, Oklahoma's uniform jury instructions do not necessarily bear on the record of conviction.”
Flores v. State, 896 P.2d 558 (Okla. Crim. App. 1995).
· cites it 3× “Appellant complains the trial court’s instruction not only deviates from OUJI-CR-903, but also violates 12 O.S.1991, § 577.2 2 , dilutes the presumption of innocence and diminishes the State’s burden of proving him guilty beyond a reasonable doubt.”
In the Matter of T.T.S., 2015 OK 36 (Okla. 2015).
· cites it 5× “While 12 O.S. 2011 § 577.2 mandates the use Oklahoma Uniform Jury Instructions (OUJI) where applicable, instructions must also correctly reflect the pertinent law to aid jury deliberations.”
Walker v. State, 887 P.2d 301 (Okla. Crim. App. 1994).
· cites it 2× “12 O.S.1981, § 577.2. See also Palmer v. State, 788 P.”
United States v. Cantu, 964 F.3d 924 (10th Cir. 2020).
“” (emphasis added)); Okla. Stat. Ann. tit. 12, § 577.2 (“Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable in a civil case or a criminal case, giving due consideration to the facts and the prevailing law, and the court determines that the jury…”
Brown v. State, 2018 OK CR 3 (Okla. Crim. App. 2018).
“" 12 O.S.2001, § 577.2. Id. ¶ 55, 267 P.3d at 137 , citing Johnson v.”
Postelle v. State, 267 P.3d 114 (Okla. Crim. App. 2011).
“If the court determines that jurors should be instructed on a matter not included within the Uniform Jury Instructions, the court should give an instruction that is "simple, brief, impartial and free from argument.”
Flores v. State, 899 P.2d 1162 (Okla. Crim. App. 1995).
· cites it 3× “1991, § 836 (Defendant presumed innocent — Reasonable doubt of guilt requires acquittal); 12 O.S.1991, § 577.2 ("Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable in a .”
Hammon v. State, 2000 OK CR 7 (Okla. Crim. App. 2000).
· cites it 2× “12 O.S.1991, § 577.2. Because the uniform instruction is based on the language of the statute, we find there is no error in the instruction.”
A.O. v. State, 2019 OK CR 18 (Okla. Crim. App. 2019).
· cites it 3× “3d 834, 856; 12 O.S.2011, § 577.2. Child Sexual Abuse is prohibited by 21 O.”
Sherrick v. State, 725 P.2d 1278 (Okla. Crim. App. 1986).
· cites it 2× “As authority for his argument that the trial court must give introductory instructions, appellant cites 12 O.S.1981, § 577.2 which provides: Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable in a civil case or a criminal case, giving due…”
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