Civil Jury Instructions – Defamation; Boundary by Acquiescence – Comment period expires Sept. 9, 2022

The following Model Utah Civil Jury Instructions addressing Defamation have been updated and published.

The following Model Utah Civil Jury Instructions addressing boundary by Acquiescence have been drafted and published.

Please reference the instruction(s) in your comments. Although the comment period runs through March 27, 2021, the instructions are ready for use. The Model Civil Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.  To view all MUJI Civil instructions please visit the MUJI website – here.

The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Civil Jury Instructions Committee.  To view the Committee’s work please visit the MUJI Civil Committee website – here.

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Civil Jury Instructions – Trespass and Nuisance – Comment period expires March 27, 2021

The following proposed Model Utah Civil Jury Instructions addressing trespass and nuisance have been published.

CV1201 – Trespass to real property
CV1202 – Trespass to personal property
CV1203 – Consent
CV1204 – Implied consent – custom and usage
CV1205 – Damages – nominal damages
CV1206 – Nuisance – introductory instruction
CV1207 – Nuisance per se
CV1208 – Statutory nuisance claim
CV1209 – Common law private nuisance claim
CV1210 – Statutory public nuisance claim
CV1211 – Damages for nuisance
CV1212 – Non-economic damages for nuisance
CV1213 – Reasonableness

Click here to review the Trespass and Nuisance Jury Instructions. Please reference the instruction(s) in your comments. Although the comment period runs through March 27, 2021, the instructions are ready for use. The Model Civil Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.

The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Civil Jury Instructions Committee.

 

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Civil Jury Instructions – General Instructions – Comment period expires March 27, 2021

The following proposed Model Utah Civil General Jury Instructions have been published.

CV101 – General admonitions.
CV101A – General admonitions. [self-represented litigant version]
CV101B – Further admonition about electronic devices.
CV102 – Role of the judge, jury and lawyers.
CV102A – Role of the judge, jury, parties, lawyers. [self-represented litigant version]
CV103 – Nature of the case.
CV104 – Order of trial.
CV105 – Sequence of instructions not significant.
CV106 – Jurors must follow the instructions.
CV107 – Jurors may not decide based on sympathy, passion, and prejudice.
CV108 – Note-taking.
CV109 – Juror questions for witnesses. [Optional for judges who permit questions]
CV110 – Rules applicable to recesses.
CV111A – Definition of “person.”
CV111B – All persons equal before the law.
CV112 – Multiple parties.
CV113 – Multiple plaintiffs.
CV114 – Multiple defendants.
CV115 – Settling parties.
CV116 – Discontinuance as to some defendants.
CV117 – Preponderance of the evidence.
CV118 – Clear and convincing evidence.
CV119 – Evidence.
CV119A – Evidence. [self-represented litigant version]
CV120 – Direct and circumstantial evidence.
CV121 – Believability of witnesses.
CV122 – Inconsistent statements.
CV123 – Effect of willfully false testimony.
CV124 – Stipulated facts.
CV125 – Judicial notice.
CV126 – Depositions.
CV127 – Limited purpose evidence.
CV128 – Objections and rulings on evidence and procedure.
CV128A – Objections and rulings on evidence and procedure. [Self-represented litigant version.]
CV129 – Statement of opinion.
CV130A – Charts and summaries as evidence.
CV130B – Charts and summaries of evidence.
CV131 – Spoliation.
CV132 – Out-of-state or out-of-town experts.
CV133 – Conflicting testimony of experts.
CV134 – No record of testimony.
CV151 – Closing roadmap
CV152 – Closing arguments
CV153 – Legal rulings
CV155 – Foreperson selection and duties and jury deliberations
CV156 – Do not resort to chance
CV157 – Agreement on special verdict
CV158 – Discussing the case after trial

 

Click here to view the marked up version of the general civil jury instructions.

Please reference the instruction(s) in your comments. Although the comment period runs through March 27, 2021, the instructions are ready for use. The Model Civil Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.

The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Civil Jury Instructions Committee.

 

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Criminal Jury Instructions – Party Liability, Defense of Habitation, Defense of Self or Other, Defense of Property, Assault Offenses, DUI Offenses, related Special Verdict Forms, and other Miscellaneous Updates – Comment period expired July 19, 2020

The Utah Judicial Council invites comments to the following model criminal jury instructions. The comment period expires Sunday, July 19, 2020, at 5:00 p.m. Although these instructions are subject to a comment period, they have been approved by the Committee on Model Utah Criminal Jury Instructions and are now ready for use. The instructions and special verdict forms have been posted to the MUJI website (final link at the bottom of this post). The Committee on Model Utah Criminal Jury Instructions will consider all comments made during the comment period and may revise the instructions as appropriate. The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Committee on Model Utah Criminal Jury Instructions, even after the comment period closes.

Summary of Approved Model Criminal Jury Instructions

REMOVED INSTRUCTIONS:
CR309A Accomplice Liability. (replaced by CR403A and CR403B)
CR309B Accomplice Liability. (replaced by CR403A and CR403B)
CR403 Party Liability. (replaced by CR403A and CR403B)

REVISED INSTRUCTIONS / COMMITTEE NOTES / REFERENCES:
CR109B Further Admonition About Electronic Devices. (revised language regarding post-trial investigations)
CR216 Jury Deliberations. (added additional citations to “References”)
CR411 404(b) Instruction. (revised in light of State v. Lane, 2019 UT App 86)
CR1003 Driving Under the Influence of Alcohol, Drugs, or Combination (MB) (as a result of HB0139-2020)
CR1004 Driving Under the Influence of Alcohol, Drugs, or Combination (MA) (as a result of HB0139-2020)
CR1005 Driving Under the Influence of Alcohol, Drugs, or Combination (F3) (as a result of HB0139-2020)
CR1404 Aggravated Murder Elements When Extreme Emotional Distress is at Issue. (substituted “[VICTIM’S NAME]” for “the victim”)
CR1601 Definitions. (added new committee note)
CR1607 Object Rape. (revised elements in light of State v. Heath, 2019 UT App 186 and removed a committee note)
CR1613 Aggravated Sexual Abuse of a Child. (added new committee note)
CR1615 Consent. (added and revised language in light of HB0213-2020; substituted “[VICTIM’S NAME][MINOR’S INITIALS]” for “the victim” in two instances)
CR1616A Conduct Sufficient to Constitute Sexual Intercourse for Unlawful Sexual Activity with a Minor, Unlawful Sexual Conduct with a 16 or 17 year old, or Rape. (revised instruction and added additional case law references)

NEW INSTRUCTIONS:
CR403A Party Liability – Elements. (replaces CR309A, CR309B, and CR403)
CR403B Party Liability – Definition. (replaces CR309A, CR309B, and CR403)
CR510 Defense of Habitation, Self or Others, Property – Reasonableness.
CR520 Definition of Habitation.
CR521 Defense of Habitation.
CR522 Defense of Habitation – Presumption.
CR523 Defense of Habitation – Prosecutor’s Burden.
CR530 Defense of Self or Other.
CR531 Defense of Self or Other – Imminence.
CR532 Defense of Self or Other – Prosecution’s Burden.
CR533 Defense of Self or Other – No Duty to Retreat.
CR540 Use of Force in Defense of Property.
CR1001 Preamble to Driving Under the Influence Instructions.
CR1003 Driving Under the Influence of Alcohol, Drugs, or Combination (MB)
CR1004 Driving Under the Influence of Alcohol, Drugs, or Combination (MA)
CR1005 Driving Under the Influence of Alcohol, Drugs, or Combination (F3)
CR1301 Definitions for Assault and Related Offenses.
CR1302 Misdemeanor Assaults.
CR1303 Assault Against School Employees.
CR1304 Assault Against a Peace Officer
CR1305 Assault Against a Military Servicemember in Uniform.
CR1306 Assault by a Prisoner.
CR1320 Aggravated Assault.
CR1321 Aggravated Assault by a Prisoner.
CR1322 Aggravated Assault – Targeting Law Enforcement Officer.
CR1330 Domestic Violence – Special Verdict Definitions.
CR1331 Domestic Violence – Special Verdict Instructions.
CR1411 Murder.
CR1450 Practitioner’s Note: Explanation Concerning Imperfect Self-Defense.
CR1451 Explanation of Perfect and Imperfect Self-Defense as Defenses.
CR1452 Special Verdict Form – Imperfect Self-Defense.

NEW SPECIAL VERDICT FORMS:
SVF1001 Driving Under the Influence Offenses.
SVF1301 Assault Offenses.
SVF1331 DV – Cohabitant.
SVF1450 Imperfect Self-Defense.

REVISED SPECIAL VERDICT FORMS:
SVF1001 Driving Under the Influence Offenses. (revised as a result of HB0139-2020)
SVF1613 Aggravated Sexual Abuse of a Child. (added new committee note)

How to view the text of these Model Utah Criminal Jury Instructions

To view these jury instructions and submit comments, click on this link http://www.utcourts.gov/utc/muji-comment/2019/08/07/criminal_20200603/, then click on the relevant link(s) in the post.

How to submit comments

You can comment by entering your comment in the box and clicking “Post Comment.” Please include the instruction number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

How to view Model Utah Jury Instructions (both civil and criminal) published for comment

Visit https://www.utcourts.gov/utc/muji-comment/.

How to view the work of the Committee on Model Criminal Jury Instructions

Visit http://www.utcourts.gov/committees/muji-criminal/ and https://www.utcourts.gov/resources/muji/index.asp.

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Civil Jury Instructions – Injurious Falsehood – Comment period expires May 24, 2018

The following proposed Model Utah Civil Jury Instructions addressing injurious falsehood have been published.

CV1901 – Injurious Falsehood-Introductory Notes to Practitioners (not to be read to the jury).
CV1902 – Elements of an Injurious Falsehood Claim. 
CV1903 – Definition: Publication.
CV1904 – Disparaging Statement.
CV1905 – Definition: False Statement.
CV1906 – Definition: Opinion. 
CV1907 – Definition: Malice. 
CV1908 – Economic Damages. 
CV1909 – Non-actionable Statements. 

Click here to review the Injurious Falsehood Jury Instructions. Please reference the instruction(s) in your comments. Although the comment period runs through May 24, 2018, the instructions are now ready for use. The Model Civil Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.

The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Civil Jury Instructions Committee.

 

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Civil Jury Instructions – Economic Interference – Comment period expires March 30, 2018

The following proposed Model Utah Civil Jury Instructions addressing economic interference have been published.

CV1401 – Elements of a Claim for Intentional Interference with Economic Relations. 
CV1402 – “Economic Relationship” Defined.
CV1403 – “Intentionally Interfered” Defined. 
CV1404 – “Improper Means” Defined. 
CV1405 – Defenses: Privilege.
CV1406 – Damages.
CV1407 – Damages: Lost Profits. 

Click here to review the Economic Interference Jury Instructions. Please reference the instruction(s) in your comments.

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Criminal Jury Instructions – Opening and Closing Instructions – Comment period expired March 5, 2018

The following are proposed Model Utah Criminal Jury Instructions addressing opening and closing instructions:

Opening and Closing Jury Instructions

CR105.  Role of Judge, Jury, and Lawyers [Opening]

CR109B.  Further Admonition About Electronic Devises [Opening]

CR202.  Juror Duties [Closing]

CR206A.  Items Not Admitted into Evidence [Closing]

CR216.  Jury Deliberations [Closing]

CR217A.  Jury Questions During Deliberations [Closing]

 

CR105 Role of Judge, Jury and Lawyers [Opening].

All of us, judge, jury and lawyers, are officers of the court and have different roles during the trial:

  • As the judge, I will supervise the trial, decide legal issues, and instruct you on the law.
  • As the jury, you must follow the law as you weigh the evidence and decide the factual issues. Factual issues relate to what did, or did not, happen in this case.
  • The lawyers will present evidence and try to persuade you to decide the case in one way or the other.

Neither the lawyers nor I decide the case. That is your role. You are the exclusive judges of all questions of fact. Do not be influenced by what you think our opinions might be. Make your decision based on the law given in my instructions and on the evidence presented in court.

 

 CR109B Further admonition about electronic devices [Opening].

Jurors have caused serious problems during trials by using electronic devices – such as phones, tablets, or computers – to research issues or share information about a case. You may be tempted to use these devices to investigate the case or to share your thoughts about the trial with others.  Don’t.  While you are serving as a juror, you must not use electronic devices for these purposes, just as you must not read or listen to any sources outside the courtroom about the case or talk to others about it.

You violate your oath as a juror if you conduct your own investigation or if you communicate about this trial with others, and you may face serious personal consequences if you do. Let me be clear: do not “Google” the parties, witnesses, issues, or counsel; do not “Tweet” or text about the trial; do not use electronic devices to gather or send information on the case; do not post updates about the trial on Facebook pages; do not use Wikipedia or other internet information sources, etc. Even using something as seemingly innocent as “Google Maps” or a dictionary to look up terms can result in a mistrial.

Please understand that the rules of evidence and procedure have developed over hundreds of years in order to ensure the fair resolution of disputes. The fairness of the entire system depends on you reaching your decisions based on evidence presented to you in court and not on other sources of information.

Post-trial investigations are common.  If improper activities are discovered, they will be brought to my attention, and the entire case might have to be retried at substantial cost.

 

 CR202 Juror Duties [Closing].

You have two main duties as jurors.

The first is to decide from the evidence what the facts are. Deciding what the facts are is your job, not mine. You are the exclusive judges of all questions of fact.

The second duty is to take the law I give you in the instructions, apply it to the facts, and decide if the prosecution has proved the defendant guilty beyond a reasonable doubt.

You are bound by your oath to follow the instructions that I give you, even if you personally disagree with them. This includes the instructions I gave you before trial, any instructions I may have given you during the trial, and these instructions. All the instructions are important, and you should consider them as a whole. The order in which the instructions are given does not mean that some instructions are more important than others. Whether any particular instruction applies may depend upon what you decide are the true facts of the case. If an instruction applies only to facts or circumstances you find do not exist, you may disregard that instruction.

Perform your duties fairly. Do not let any bias, sympathy or prejudice that you may feel toward one side or the other influence your decision in any way. [You must also not let yourselves be influenced by public opinion.]

 

CR206A.  Items Not Admitted into Evidence [Closing]

Transcripts, police reports, or other written, audio, or visual materials may have been referenced during the trial but not admitted as exhibits.  It is common during deliberations for jurors to ask to review these materials or to have transcripts of what witnesses said during trial.  These materials, other than what may have been admitted as exhibits, may not be requested as part of your deliberations.

 

CR216 Jury Deliberations [Closing]

In the jury room, discuss the evidence and speak your minds with each other. Open discussion should help you reach a unanimous agreement on a verdict. Listen carefully and respectfully to each other’s views and keep an open mind about what others have to say. I recommend that you not commit yourselves to a particular verdict before discussing all the evidence.

Try to reach unanimous agreement, but only if you can do so honestly and in good conscience. If there is a difference of opinion about the evidence or the verdict, do not hesitate to change your mind if you become convinced that your position is wrong. On the other hand, do not give up your honestly held views about the evidence simply to agree on a verdict, to give in to pressure from other jurors, or just to get the case over with. In the end, your vote must be your own.

Because this is a criminal case, every single juror must agree with the verdict before the defendant can be found “guilty” or “not guilty.” In reaching your verdict you may not use methods of chance, such as drawing straws or flipping a coin. Rather, the verdict must reflect your individual, careful, and conscientious judgment as to whether the evidence presented by the prosecutor proved each charge beyond a reasonable doubt.

References

Utah Const. Art. I, § 10.

Utah R. Crim. P. 21(b).

Utah R. Civ. P. 59(a)(2).

75 Am. Jur.2d Trial §§ 1647, 1753, 1781.

Burroughs v. United States, 365 F.2d 431, 434 (10th Cir. 1966).

State v. Lactod, 761 P.2d 23, 30-31 (Utah Ct. App. 1988).

For questions on jury unanimity:

  • Mental state for murder and aggravated murder, see State v. Nelson, 2015 UT 62, 355 P.3d 1031; State v. Russell, 733 P.2d 162 (Utah 1987)
  • Aggravating factors for aggravated murder, State v. Tillman, 750 P.2d 546 (Utah 1987); State v. Hummel, 2017 UT 19, 393 P.3d 314
  • Other questions on jury unanimity, see State v. Hummel, 393 P.3d 314 (Utah 2017)

 

CR217A.  Jury Questions During Deliberations [Closing] 

These instructions should contain all the information you need to decide this case based upon the evidence.  However, if you have a question or need clarification during deliberations, write a note and give it to the bailiff.  I will review it with the lawyers.  We will answer your question as appropriate.

 

Click here to review the opening and closing instructions.

Please reference the instruction number(s) in your comments.

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Civil Jury Instructions – Civil Rights Set 1 – Comment period expired January 11, 2018

The following proposed Model Utah Civil Jury Instructions addressing civil rights have been published. This is Set 1 of 2. Set 2 will be published at a later date.

CV1301 – Section 1983 Claim–Elements.
CV1302 – Section 1983 Claim–Deprivation of Rights.
CV1303 – Warrantless Arrest. 
CV1304 – Probable Cause. 
CV1304A – Offenses at Issue. 
CV1305 – Unlawful Arrest–Any Crime.
CV1307 – Reasonable Suspicion. 
CV1307A – Investigative Stop.
CV1308 – Excessive Force–Introductory Instruction. 
CV1309 – Excessive Force–Standard. 
CV1310 – Search of Property–Definition. 
CV1311 – Search of Property–Constitutional Right. 
CV1312 – Lawful Search of Real Property. 
CV1313 – Consent. 
CV1314 – Probable Cause–Search of Residence. 
CV1315 – Exigent Circumstances. 
CV1316 – Seizures of Property. 
CV1317 – Entry of Residence Pursuant to Arrest Warrant. 
CV1318 – Protective Security Sweep.
CV1319 – Validity of Search Warrant Application. 

Click here to review Set 1 of the Civil Rights Jury Instructions. Please reference the instruction(s) in your comments.

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Criminal Jury Instructions – Drug Offenses – Comment period expired June 12, 2017

The following proposed Model Utah Criminal Jury Instructions and forms addressing drug offenses have been published.

1201. Controlled Substance.
1202(a). General Definition of Possession of a Controlled Substance.
1202(b). Definition of Constructive Possession.
1203. Possession of a Controlled Substance.
1204. Possession with Intent to Distribute.
1205. Possession of an Altered or Forged Prescription or Written Order.
1206. Possession of Drug Paraphernalia.
1207. Definition of “Drug Paraphernalia.”
1208. Factors Relevant to Identifying Drug Paraphernalia.
1209. Innocent Possession.
1210. Distribution of a Controlled Substance.
1211. Mere Presence is Not Sufficient.
1212. Firearm Enhancement.
1213. Special Enhancements.
1214. Special Enhancements – Not a Defense.
1215. Relevant Definitions.
SVF 1212. Firearm Enhancement.
SVF 1214. Special Enhancements.
SVF 1202. Marijuana Possession.

Click here to review the controlled substance offenses jury instructions and the forms.

Please reference the instruction or form number(s) in your comments.

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Civil Jury Instructions – Emotional Distress – Comment period expired February 25, 2017

The following proposed Model Utah Civil Jury Instructions address emotional distress:

CV1501 – Intentional infliction of emotional distress.
CV1502 – Outrageous conduct.
CV1503 – Severe or extreme emotional distress.
CV1504 – Definition of intent and reckless disregard.
CV1505 – Negligent infliction of emotional distress.
CV1506 – Definition of “zone of danger.”

Click here to view a pdf version of proposed Model Utah Civil Jury Instructions 1501-1506.

Please reference the instruction number(s) in your comments.

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