Posted: November 9, 2023
Civil Jury Instructions – Remote Testimony; Present Cash Value – Comment period expires Dec. 26, 2023
The Committee Notes to the following Model Utah Civil Jury Instruction addressing Present Cash Value have been updated and published.
The following Model Utah Civil Jury Instruction addressing Remote Testimony has been drafted and published.
Please reference the instruction(s) in your comments. Although the comment period runs through December 26, 2023, 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.
CV2021 – Present Cash Value should be altered to reflect the economic reality that in some markets, and for some future expenses, the present case value may actually need to be increased, rather than reduced, to obtain the present case value. This can occur, for example, when the inflation rate of the cost of medical care is higher than the average return on a government bond. If that is the case, then it would actually be necessary to increase the amount of money given now to compensate for future costs.
It would be far better to state “the amount of damages must be adjusted to present cash value” rather than “the amount of damages must be reduced to present cash value” and “To adjust an award for future damages” rather than “To reduce an award for future damages.” This allows the parties to present the economic data and reach allow a conclusion without a judicial presumption that the present cash value requires a “reduction” when that may not be the economic reality.