Mass. R. Civ. P. 51
Effective July 1, 1974.
Reporter's Notes: (1996): With the merger of the District Court rules into the Mass. R. Civ. P., Rule 51 in its entirety has been made applicable to the District Court, to the extent that Massachusetts law permits trial by jury in District Court civil actions. (1973): Rule 51(a) will work no change in Massachusetts practice. Rule 51(b) copies Federal Rule 51, and tracks prior Massachusetts practice. Because the adoption of Rule 46 will eliminate the present formal Massachusetts requirement for exceptions, Rule 51(b) will only work a formal change in Massachusetts practice. Instead of taking an exception, an attorney under 51(b) must object to the giving or the failure to give a requested instruction before the jury retires to consider its verdict. He must also state his grounds therefor. Under former practice, failure properly to except resulted in waiver of objection, Herrick v. Waitt, 224 Mass. 415, 417 (1916); failure to object seasonably will have a similar effect under the new rules. Nimrod v. Sylvester, 369 F.2d 870, 872-873 (1st Cir.1966).