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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Criminal Jury Instructions – Controlled Substance Offenses – Comment period expired February 18, 2017

The following proposed Model Utah Criminal Jury Instructions and forms addressing controlled substance offenses have been published:

1201. Controlled Substance.
1202. Definition of 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: Defamation (2016-08-11)

The following proposed model Utah civil jury instructions address defamation:

CV1601 – Introductory Notes to Practitioners (not to be read to the jury).
CV1602 – Elements of a Defamation Claim.
CV1603 – Definition: Publication.
CV1604A – Definition: About the Plaintiff – Public Figure or Public Official Plaintiff – Connection to Plaintiff is Reasonable.
CV1604B – Definition: About the Plaintiff – Private Plaintiff – Matter of Public Concern – Connection to Plaintiff is Reasonable.
CV1604C – Definition: About the Plaintiff – Private Plaintiff – No Matter of Public Concern – Connection to Plaintiff is Reasonable – Negligence.
CV1604D – Definition: About the Plaintiff – Private Plaintiff – No Matter of Public Concern – Connection to Plaintiff is Reasonable – Strict Liability.
CV1604E – Definition: About the Plaintiff – Connection to Plaintiff is Unreasonable.
CV1605 – Definition: False Statement.
CV1606 – Definition: Opinion.
CV1607 – Definition: Defamatory.
CV1608 – Conditional Privilege.
CV1609 – Non-actionable Statements.
CV1610 – Definition: Requisite Degree of Fault – Private Figure – Matter of Public Concern.
CV1611 – Definition: Requisite Degree of Fault –Public Official or Public Figure.
CV1612 – Group Defamation Rule.
CV1613 – Causation.
CV1614 – Presumed Damages.
CV1615 – Damages – Economic Damages.
CV1616 – Damages – Noneconomic Damages.
CV1617 – Damages – Punitive Damages – Public Figure/Official and/or Issue of Public Concern.
CV1618 – Damages – Effect of Retraction.
CV1619 – Affirmative Defense – Consent.
CV1620 – Affirmative Defense – Statute of Limitations.

Click here to view a pdf version of proposed Model Utah Civil Jury Instructions 1601-1620.

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

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Criminal (2015-03-01)

The following proposed Model Utah Criminal Jury Instructions addressing sexual offenses have been published:

1601. Definitions.
1602. Sexual Abuse of a Minor.
1603. Unlawful Sexual Activity with a Minor.
1604. Unlawful Sexual Conduct with a 16 or 17 Year Old.
1605. Rape.
1606. Rape of a Child.
1607. Object Rape.
1608. Object Rape of a Child.
1609. Forcible Sodomy.
1610. Sodomy on a Child.
1611. Forcible Sexual Abuse.
1612. Sexual Abuse of a Child.
1613. Aggravated Sexual Abuse of a Child.
1614. Aggravated Sexual Assault.
1615. Consent.
1616A. 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.
1616B. Conduct Sufficient to Constitute Sexual Intercourse for Rape of a Child.
1617. Sexual Offense Prior Conviction.
1618. Serious Bodily Injury.

SVF 1604. Unlawful Sexual Conduct with a 16 or 17 Year Old.
SVF 1613. Aggravated Sexual Abuse of a Child.
SVF 1614. Aggravated Sexual Assault.
SVF 1617. Sexual Offense Prior Conviction.
SVF 1618. Serious Bodily Injury.

Click here to review the sexual offenses jury instructions and special verdict forms.

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

 

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Civil (2015-09-01)

The following proposed model Utah civil jury instructions address punitive damages:

2026. Punitive damages – Introduction.
2027. Amount of punitive damages.
2028. Punitive damages and harm to other people.
2029. Factors to consider in determining the amount of damages.
2030. Reprehensibility.
2031. Reprehensibility – Similar Conduct Toward Other People.
2032. Reprehensibility—Conduct in other states.
2033. Driving Under the Influence.
2034. Providing Controlled Substance.

Click here to view proposed Model Utah Civil Jury Instructions 2026-2034.

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

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