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Civil Jury Instructions

Recent Changes

The revision date indicates the date the Civil Jury Instructions Committee approved the adoption or substantive revision of an instruction. When there has been a minor stylistic change or an update to the commentary, but the substantive body of the instruction remains the same, it will be indicated by a parenthetical date for modification. E.g., “Revised to December 1, 2007 (modified June 15, 2008)” means that on June 15, 2008, the instruction or its commentary was modified in some minor way that did not affect the substance of the instruction.
 

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October 11, 2013
Revised Instruction

The following instruction was revised by the committee:

  • 1.1-1 Obligation of Juror's Oath - Revised to include a reference to the Rules of Juror Conduct, which are now required to be given to jurors prior to trial, immediately after their selection to the jury pursuant to Kervick v. Silver Hill Hospital.

May 10, 2013
New Instructions

The following new instructions were approved by the committee:

May 10, 2013
Revised Instructions

The following instruction was revised by the committee:

  • 3.17-1 Dram Shop Act - Added instructions regarding the circumstances under which intoxication could be determined through “reasonably active observation” as set forth in O’Dell v. Kozee; updated authority.

February 1, 2013
New Instructions

The following new instructions were approved by the committee:

February 1, 2013
Revised Instructions

The following instructions were revised by the committee:

  • 3.6-1 Negligence - Definition - Deleted the phrase “for the safety of that person or that person's property” from the end of the definition; updated authority.
  • 3.8-3 Medical Malpractice - Added an alternative instruction for a lost chance of survival claim; added authorities and a note to the charge.

September 28, 2012
New Instructions

The following new instructions were approved by the committee:

September 28, 2012
Revised Instructions

The following instructions were revised by the committee:

  • 3.7-19 Family Car Doctrine - Revised the last sentence to state “liable to the same extent as the driver” for clarity.
  • 3.9-9 Control - Revised the frst sentence to clarify that control and possession have the same meaning for premises liability charges.
  • 4.2-3 Courts Do Not Make Contracts - Revised the title of the charge to “Contracts Are Not Made in Court” for clarity.

June 1, 2012
New Instructions

The following new instructions were approved by the committee:

April 5, 2012
Revised Instructions

The following instructions were revised by the committee:

  • 3.4-1 Damages - General Corrected the citation to Goodmaster v. Houser in the Notes section; revised the last sentence in paragraph four to read “loss or diminution.”
  • 3.13-6 Vexatious Suit - Claim at Common Law - Removed the link to the Malicious Prosecution charge in footnote one of the charge.
  • 3.13-7 Malicious Prosecution - Removed the placeholder for this charge, which stated that the charge was in progress. The committee will not be drafting this charge in the foreseeable future.

March 23, 2012
New Instructions

The following new instructions were approved by the committee:

March 23, 2012
Revised Instructions

The following instructions were revised by the committee:

  • 3.4-1 Damages - General - Revised to add an instruction for circumstances where the plaintiff suffered no symptoms from the preexisting condition until injured by the defendant’s negligence.
  • 3.10-1 Product Liability - Removed the factors applicable to the modified consumer expectation test from the “Existence of a Defect” section; added practice note explaining that this charge may be inappropriate when the modified consumer expectation test applies; transferred the alteration/modification instruction in the “Absence of Substantial Change” section to a new charge and incorporated the new charge by reference.

January 27, 2012
Revised Instructions

The following instruction was revised by the committee:

December 9, 2011
New Instructions

The following new instructions were approved by the committee:

September 30, 2011
New Instructions

The following new instructions were approved by the committee:

June 24, 2011
Revised Instructions

The following instruction was revised by the committee:

  • 3.16-2 Fraud or Intentional Misrepresentation - Revised to state the burden of proof as the preponderance of the evidence for the fourth element of fraud; added footnote to address the change in the burden of proof where the charge is an insurer’s special defense; updated authorities.

June 3, 2011
New Instructions

The following new instructions were approved by the committee:

June 3, 2011
Revised Instructions

The following instruction was revised by the committee:

  • 4.4-19 Joint and Several Contracts - Revised the charge to address the possibility that depending on the circumstances, the defendants may not be equally liable for performance of the contract.
March 25, 2011
New Instructions

The following new instructions were approved by the committee:

December 10, 2010
New Instructions

The following new instructions were approved by the committee:

December 10, 2010
Revised Instructions

The following instructions were revised by the committee:

October 8, 2010
New Instructions

The following new instructions were approved by the committee:


October 8, 2010
Revised Instruction

The following instruction was revised by the committee:

March 5, 2010
New Instructions
The following new instructions were approved by the committee:

November 20, 2009
Revised Instruction
The following instruction was revised by the committee:


November 1
, 2009
New Instruction
The following new instruction was approved by the committee:

May 1, 2009
New Instructions
The following new instructions were approved by the committee:

 

March 1, 2009
New Instructions
The following new instructions were approved by the committee:


February 3
, 2009
New Instructions
The following new instructions were approved by the committee:


November 7, 2008

New Instruction
The following new instruction was approved by the committee:

 

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