(a) If the trial be before the court with a jury, all requests for instructions on points of law must be made to the court and all proposed instructions must be delivered to the court before commencement of argument. (b) Copies of such requests shall be furnished to adverse parties at the same time they are delivered to the court. Before the commencement of the argument, the court, on request of counsel, shall: (1) decide whether to give, refuse, or modify the proposed instruction; (2) decide which instructions shall be given in addition to those proposed, if any; and (3) advise counsel of all instructions to be given. (c) Opportunity shall be given to object to any proposed instruction before it is given, out of the hearing of the jury and, on request of any party, out of the presence of the jury. However, no party may assign as error any portion of an instruction or omission therefrom unless he objects thereto stating distinctly the matter to which he objects and the grounds of his objection. (d) Notwithstanding Subsection (b), if, during the argument issues are raised which have not been covered by instructions given or refused, the court may, on request of counsel, give additional instructions on the subject matter thereof. NOTE: Section 90.19 continues the substance of former Rule 30; however, Subsection (b) incorporates portions of § 1093.5 of the California Penal Code which make clear that counsel should be advised of all instructions to be given. Moore suggests that under the federal rule (which is identical to former Rule 30), some judges had adopted practices which did not permit counsel to know in advance what the charge would be. See 8 Moore, Federal Practice &30.03[2] (1974). Subsection (c) makes clear that an opportunity must be given to make objections before an instruction is given. Moore suggests that this is also not always permitted under federal practice. Id. As to instructions generally, see 8 Moore, Federal Practice &&30.01-30.04, 30.06- 30.08 (1974), B. Witkin, California Criminal Procedure Trial §§ 468-495 (1963), Supp. 1973).
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