The Ninth Circuit has recently redesigned its Web site, and has apparently posted
May 2026 revisions to its Civil and Criminal Model Instructions. I say "apparently" because clicking on links to those pages bring up this message: "Privacy error Your connection isn't private Attackers might be trying to steal your information."
I waited a week or so and tried again with the same result. I'm guessing that the privacy message is harmless, but I decided to get the May 2026 changes using Gemini (an AI program). It reports these changes:
Criminal Model Instruction 3.3 (Evidence and Other Acts): Following up on the major March revisions, the committee further refined the commentary on Rule 404(b) evidence clarifying when a limiting instruction must be given contemporaneously versus at the close of evidence, and tightening the standards for preventing unfair prejudice.
Computer Fraud and Abuse Act (CFAA): Minor clarifying commentary was appended to the computer crimes section to definitively separate traditional technical circumvention ("hacking") from authorization rescission, ensuring compliance with evolving digital privacy precedents.
Criminal Model Instruction 6.5 (Reasonable Doubt & Burden of Proof): The legal legal citations and comments were refreshed to reflect recent cases regarding how prosecutors frame "firmly convinced" language during closing arguments.
Civil Model Instructions regarding Section 1983 and Eighth Amendment Claims: The civil updates include revised instructions for prisoner civil rights actions, specifically regarding what constitutes "deliberate indifference" to serious medical needs. This brings the language strictly into alignment with recent en banc interpretations clarifying subjective versus objective awareness standards.
Employment Discrimination/Retaliation: The committee updated the causation standards framework in the commentary sections to better guide trial judges on distinguishing between "motivating factor" and "but-for" causation under shifting statutory frameworks.
Needless to say, you can't submit AI-generated jury instruction information in court, but this at least alerts you about instructions that may have been revised. You can also view the instructions as they appeared before the May 2026 using the
Wayback Machine on archive.org.