Jury instructions state the law the jury must apply. In commercial cases with contested legal theories, the instruction conference frequently decides the case more than any witness.
Pattern instructions exist in most jurisdictions and are the starting point. They are not always right for a commercial case, and a party that simply adopts them may find its theory unrepresented.
Requesting and objecting. Proposed instructions must generally be submitted by a deadline, and an objection must be stated on the record with the grounds, before the jury retires. A party that fails to object usually forfeits the point or is left with plain error review.
Verdict forms matter as much. A general verdict tells an appellate court nothing about which theory the jury accepted, which can be fatal if one theory was legally flawed. Special interrogatories reduce that risk and expose inconsistency, though they also give the losing side more to appeal.
Burden and elements. The most consequential drafting choices are usually the formulation of the elements and the placement of the burden on affirmative defences.
Plain language. Instructions that a lay jury cannot parse produce verdicts that do not track the law. Shorter sentences and defined terms are not a concession; they are how the verdict becomes reliable.