Civil – Model Utah Jury Instructions

Posted: September 10, 2024

Civil Jury Instructions – Standard of Care Defined; Survival claim – Comment Period Expires Oct. 25, 2024

The following instructions and/or associated Committee Notes have been updated and published:

CV2015 Survival Claim.

Please reference the instruction(s) in your comments. Although the comment period runs through October 25, 2024, 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.

Posted: May 13, 2024

Civil Jury Instructions – Use of Alternative Treatment Methods – Comment Period Expires June 28, 2024

The following Model Utah Civil Jury Instruction has been removed:

CV324 Use of alternative treatment methods

Please reference the instruction(s) in your comments. Although the comment period runs through June 28, 2024, the instruction has been removed. The Model Civil Jury Instructions Committee will consider all comments made during the comment period and may revise the instruction 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.

Posted: March 12, 2024

Civil Jury Instructions – Elements of a Medical Negligence Claim; Standard of Care Defined – Comment Period Expires April 12, 2024

The References and/or Committee Notes to the following Model Utah Civil Jury Instructions have been updated and published:

CV301B Elements of a medical negligence claim.

CV301C “Standard of care” defined.

Please reference the instruction(s) in your comments. Although the comment period runs through April 12, 2024, 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.

Posted: February 14, 2024

Civil Jury Instructions – Easements by Prescription, Necessity, and Implication – Comment period expires March 15, 2024

The following Model Utah Civil Jury Instructions addressing Easements by Prescription, Necessity, and Implication have been drafted and published.

CV920 – “Easement” Defined.

CV921 – Prescriptive Easement. Introduction.

CV922 – Prescriptive Easement. Elements of a claim.

CV923 – Prescriptive Easement. “Continuous” Defined.

CV924 – Prescriptive Easement. “Open and Notorious” Defined.

CV925 – Prescriptive Easement. “Adverse” Defined.

CV926A – Adverse Presumption.

CV926B – Overcoming Adverse Presumption.

CV930 – Easement by Necessity. Introduction.

CV931 – Easement by Necessity. Elements of a claim for access to landlocked property.

CV940 – Easement by Implication. Introduction.

CV941 – Easement by Implication. Elements.

Please reference the instruction(s) in your comments. Although these instructions are subject to a comment period, they 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. 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.

Posted: August 8, 2023

Civil Jury Instructions – Avoiding Bias; Minimum Injury Requirements – Comment period expires Sept. 7, 2023

The following Model Utah Civil Jury Instruction addressing Minimum Injury Requirements has been updated and published.

CV632 – Minimum Injury Requirements

The following Model Utah Civil Jury Instructions addressing techniques for Avoiding Bias and defining terms relating to Minimum Injury Requirements have been drafted and published.

CV107A – Avoiding Bias

CV632A – “Permanent Disability” Defined

CV632B – “Permanent Impairment” Defined

CV632C – “Permanent Disfigurement” Defined

CV632D – “Objective Findings” Defined

Please reference the instruction(s) in your comments. Although the comment period runs through September 7, 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.

Posted: December 16, 2022

Civil Jury Instructions – Defamation; Pretrial Delay – Comment period expires January 15, 2023

The Committee Notes to the following Model Utah Civil Jury Instruction addressing Defamation have been updated and published.

CV1607 – Definition: Defamatory

The following Model Utah Civil Jury Instruction addressing pretrial delay has been drafted and published.

CV135 – Pretrial Delay

Please reference the instruction(s) in your comments. Although the comment period runs through January 15, 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.

Posted: August 9, 2022

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.

CV1602 – Elements of a Defamation Claim

CV1605 – Definition: False Statement

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

CV901 – Boundary by Acquiescence

CV902 – Visible Line

CV903 – Occupy Defined

CV904 – Mutual Acquiescence

CV905 – Exception to Silence Equaling Acquiescence

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.

Posted: February 10, 2021

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.

Posted: February 10, 2021

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.

Posted: April 9, 2018

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.