Why New York Litigators Should Read the Pattern Jury Instructions (PJI) Before Trial Starts

Introduction

Most lawyers don't think about New York’s Pattern Jury Instructions (PJI) until the last minute—when it’s time to prepare jury charges. But waiting until the end of trial prep misses a huge opportunity. The PJI isn’t just about wording for the judge’s final charge; it’s a strategic tool that can guide your litigation from the start. Here’s why every New York litigator should open the PJI long before setting foot in court.

What Are the Pattern Jury Instructions (PJI)?

New York’s Pattern Jury Instructions are a collection of model jury charges drafted by the PJI Committee, which includes experienced appellate judges and practitioners. These instructions are carefully crafted to reflect current New York law and come with commentary that explains legal standards, key case law, and common issues.

A Hidden Gem: The Commentary

Each PJI entry comes with a commentary that often functions like a real-time legal treatise. These notes include:

• Recent decisions from the Court of Appeals and Appellate Division
• Disagreements between departments or unresolved legal questions
• Clarifications on legal elements like burdens of proof or standards of care

Why the PJI Matters Early in the Case

Relying on the PJI only at the end of a trial means missing its value as a roadmap. When you consult the PJI at the start, you can align your entire case strategy with how the judge will ultimately instruct the jury.

Use the PJI in:

• Case Evaluation: Are you missing an essential element of a claim? The PJI can tell you right away.
• Motion Practice: Use the legal framework in the commentary to build stronger summary judgment or dismissal motions.
• Discovery Planning: Focus depositions and document requests on the facts that truly matter at trial.
• Trial Prep: Structure your openings, closings, and even cross-examinations to mirror the elements in the jury instructions.

Inside the PJI Committee Process

The PJI isn’t static. The committee updates it regularly based on developments in New York law. As a Reporter to the PJI Committee, I help propose changes when new case law shifts the landscape. This constant revision means the PJI often reflects the law more accurately than treatises or databases that may be out of date.

Practical Tips for Using the PJI Strategically

Here are specific ways to make the PJI work for you from day one:

• Before Filing: Check the PJI to confirm the elements of each cause of action or defense you plan to assert.
• During Depositions: Build your outlines around the key elements noted in the PJI commentary.
• Drafting Motions: Support your arguments with references to how judges instruct juries on similar issues.
• During Trial: Use the language of the PJI in jury selection and openings to build credibility and help preserve appellate issues.

Don’t Wait—Start Using the PJI Now

Too many attorneys treat the Pattern Jury Instructions as a last-minute task. But early use of the PJI can sharpen your strategy, focus your evidence, and boost your effectiveness at every stage of litigation. If you haven’t opened the PJI recently, it’s time to add it to your pre-trial checklist.

Need help integrating the PJI into your litigation strategy? Contact the Law Offices of Seth M. Weinberg, PLLC to learn how appellate insight can strengthen your case from start to finish.