R.I. Super. Ct. R. Crim. P. 30
At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the request. At the same time copies of such request shall be furnished to adverse parties. If a defendant relies upon an affirmative defense, or justification, or matter in mitigation and wishes the court to instruct the jury with respect to such, the defendant shall so advise the court in writing no later than at the close of the evidence. No party may assign as error any portion of the charge or omission therefrom unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the party's objection. Objections shall be made out of the presence of the jury.
The court, in its discretion, may provide written copies of the instructions to the jury in addition to the oral instructions that are given. If the court provides written copies of the instructions to the jury, the instructions shall be provided in full.
R.I. Super. Ct. R. Crim. P. 30
1972 Notes
This rule is patterned upon Federal Rule 30, but it departs therefrom by incorporating certain features of R.I.Super.R.Civ.P. 51(b). Although essentially the same as Civil Rule 51(b), this rule differs in two significant respects. First, a party who submits written requests for instructions is required at the same time to furnish copies of the requests to adverse parties. Second, the criminal rule, unlike the civil rule, provides that objections to the charge shall be made out of the presence of the jury. This is designed to avoid the possibility of the jury being exposed to arguments over disputed portions of the charge as well as providing counsel with a better atmosphere for arguing their objections.
The requirement contained in the federal rule that the court upon request inform counsel of its proposed action prior to their arguments, is omitted from this rule. This is in accord with the Rhode Island civil rule.
The provision requiring a defendant who is relying upon an affirmative defense, justification, or matter in mitigation to give the court written notice if he wishes the jury to be instructed with respect to such, is not contained in the federal rule. This requirement assures that the trial judge will be fully advised of the nature of the defenses being relied upon and will have appropriate opportunity to instruct the jury accordingly. The burden, of course, will be on the defendant to make his intent clear to the trial judge and thereby avoid omissions from the charge. This provision would apply to matters such as self-defense, entrapment, duress, insanity, consent, mistake.
The requirement that requests for instructions be submitted "at the close of the evidence" is not intended to restrict the court, if appropriate in a particular instance, from granting a party additional time in which to prepare and submit his requests.