Civil – Page 2 – Model Utah Jury Instructions

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.

Posted: November 24, 2017

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.

Posted: January 10, 2017

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.

Posted: June 27, 2016

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.

Posted: September 1, 2015

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.