Jury Instructions Template

JURY INSTRUCTIONS TEMPLATE

Court:    County:

Case No.:    Plaintiff:

Defendant:    Trial Judge:

Trial Commencement Date:

RECITALS

WHEREAS, Plaintiff, identified above, alleges causes of action against Defendant as set forth in the operative complaint and seeks a jury determination of disputed fact issues arising from those allegations; and

WHEREAS, counsel for the parties jointly submit proposed jury instructions to the Court for guidance in framing the law to be given to the jury, and each party reserves the right to propose additional or alternative instructions supported by the evidence at trial; and

WHEREAS, the parties desire a clear, organized template to present to the Court that sets forth definitions, burden of proof, elements of claims or defenses, and proposed verdict forms or special interrogatories;

NOW THEREFORE, the parties submit the following proposed jury instructions for the Court's consideration.

1. NATURE OF INSTRUCTIONS

The following instructions are presented in numbered form. Each party may object to any instruction and request that the Court modify the language to reflect applicable statutory authority, controlling precedent, or the evidence admitted at trial. Check the applicable proceeding type:

Civil    Criminal    Mixed/Hybrid

2. DEFINITIONS AND COMMON TERMS

For purposes of these instructions, the following terms shall have the meanings stated unless otherwise defined by the Court: "Burden of proof" means the obligation of a party to prove a fact by the applicable standard of proof; "Preponderance of the evidence" means that the fact is more likely true than not; "Beyond a reasonable doubt" is the highest standard of proof used in criminal cases. Parties may supplement these definitions with statutory or pattern instruction language.

3. BURDEN OF PROOF

a. Civil Cases: Unless otherwise stated, the party asserting a claim has the burden to prove each element of that claim by a preponderance of the evidence. Preponderance of the evidence means the greater weight of the credible evidence. If the evidence is evenly balanced, the party with the burden fails.

b. Criminal Cases: For any criminal offense, the prosecution must prove every element of the charged offense beyond a reasonable doubt. Reasonable doubt is a doubt based on reason and common sense after careful and impartial consideration of all the evidence.

4. ELEMENTS OF CLAIM(S) / DEFENSE(S)

Set out separately each claim or defense and its elements below. Each entry should identify the party proposing the instruction and cite supporting authority where available.

5. EVIDENCE, EXPERT TESTIMONY, AND OPINIONS

Evidence to be considered by the jury consists of testimony, documents and physical exhibits admitted into evidence, and any judicially noticed facts. Expert witnesses may testify as to opinions within their field, provided the jury may accept or reject such opinions consistent with the jury's duty to determine credibility and weight of such testimony.

6. CREDIBILITY, IMPEACHMENT, AND CONSIDERATION OF EVIDENCE

The credibility of witnesses, including their demeanor and the consistency of their testimony, is for the jury to determine. Evidence may be given more or less weight depending on its source, consistency with other evidence, and whether the witness has been contradicted or impeached.

7. UNANIMITY, SPECIAL INTERROGATORIES, AND VERDICT FORM

The verdict must be unanimous unless the Court instructs otherwise. If special interrogatories or a special verdict form are requested, provide the proposed questions and form language below. Each interrogatory should be clear and require a discrete factual determination.

8. ATTORNEY SUBMISSION AND CERTIFICATION

By submitting these proposed jury instructions, the submitting counsel certifies that, to the best of their knowledge, the instruction text reflects applicable authority and a good-faith effort to present instructions conforming to the evidence. Counsel must identify the party they represent and provide contact information.

9. NOTICES, AMENDMENTS, WAIVER, AND COUNTERPARTS

Notices: All notices required or permitted under this submission shall be provided to counsel of record. Amendments: Any amendments to proposed instructions must be filed promptly and in writing. Waiver: Failure to object at trial shall not be deemed a waiver of appellate issues unless expressly stated. Counterparts: This submission may be executed in counterparts and electronically signed copies shall be treated as originals.

10. GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

Governing Law: These proposed instructions are governed by the substantive and procedural law of the jurisdiction presiding over the above-captioned action. Entire Agreement: This document constitutes the parties' complete written submission of proposed instructions; it does not replace the Court's instructions. Severability: If any provision is held invalid, the remainder shall continue in full force and effect.

11. ADDITIONAL MATTERS

CERTIFICATION OF CONFERENCE

Counsel for the parties certify whether they have met and conferred regarding any disputed instructions and whether a narrowed set of disputes remain for the Court's determination.

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