Criminal Instructions – Comment Period Closes December 1st, 2023

The following instructions have been amended or created. The Committee requests public feedback on the proposed instructions:

CR416 – Adverse Inference for Law Enforcement Body-Worn Camera

CR444 – Pro se Defendant and Standby Counsel

CR1320 Aggravated Assault

CR1321 Aggravated Assault by Prisoner

CR1451 – Definition of Imperfect Self-Defense

CR1452 Imperfect Self-Defense – Prosecutor’s Burden

CR1453 Explanation of Perfect and Imperfect Self-Defense Special Verdict Form

CR1610 – Sodomy on a Child

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 Criminal Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.

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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.

CV2021 – Present Cash Value

The following Model Utah Civil Jury Instruction addressing Remote Testimony has been drafted and published.

CV132A – Remote Testimony

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.

 

 

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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.

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.

 

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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.

 

 

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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.

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

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.

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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.

 

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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.

 

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Criminal Jury Instructions – Party Liability, Defense of Habitation, Defense of Self or Other, Defense of Property, Assault Offenses, DUI Offenses, related Special Verdict Forms, and other Miscellaneous Updates – Comment period expired July 19, 2020

The Utah Judicial Council invites comments to the following model criminal jury instructions. The comment period expires Sunday, July 19, 2020, at 5:00 p.m. Although these instructions are subject to a comment period, they have been approved by the Committee on Model Utah Criminal Jury Instructions and are now ready for use. The instructions and special verdict forms have been posted to the MUJI website (final link at the bottom of this post). The Committee on Model Utah Criminal Jury Instructions 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 Committee on Model Utah Criminal Jury Instructions, even after the comment period closes.

Summary of Approved Model Criminal Jury Instructions

REMOVED INSTRUCTIONS:
CR309A Accomplice Liability. (replaced by CR403A and CR403B)
CR309B Accomplice Liability. (replaced by CR403A and CR403B)
CR403 Party Liability. (replaced by CR403A and CR403B)

REVISED INSTRUCTIONS / COMMITTEE NOTES / REFERENCES:
CR109B Further Admonition About Electronic Devices. (revised language regarding post-trial investigations)
CR216 Jury Deliberations. (added additional citations to “References”)
CR411 404(b) Instruction. (revised in light of State v. Lane, 2019 UT App 86)
CR1003 Driving Under the Influence of Alcohol, Drugs, or Combination (MB) (as a result of HB0139-2020)
CR1004 Driving Under the Influence of Alcohol, Drugs, or Combination (MA) (as a result of HB0139-2020)
CR1005 Driving Under the Influence of Alcohol, Drugs, or Combination (F3) (as a result of HB0139-2020)
CR1404 Aggravated Murder Elements When Extreme Emotional Distress is at Issue. (substituted “[VICTIM’S NAME]” for “the victim”)
CR1601 Definitions. (added new committee note)
CR1607 Object Rape. (revised elements in light of State v. Heath, 2019 UT App 186 and removed a committee note)
CR1613 Aggravated Sexual Abuse of a Child. (added new committee note)
CR1615 Consent. (added and revised language in light of HB0213-2020; substituted “[VICTIM’S NAME][MINOR’S INITIALS]” for “the victim” in two instances)
CR1616A 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. (revised instruction and added additional case law references)

NEW INSTRUCTIONS:
CR403A Party Liability – Elements. (replaces CR309A, CR309B, and CR403)
CR403B Party Liability – Definition. (replaces CR309A, CR309B, and CR403)
CR510 Defense of Habitation, Self or Others, Property – Reasonableness.
CR520 Definition of Habitation.
CR521 Defense of Habitation.
CR522 Defense of Habitation – Presumption.
CR523 Defense of Habitation – Prosecutor’s Burden.
CR530 Defense of Self or Other.
CR531 Defense of Self or Other – Imminence.
CR532 Defense of Self or Other – Prosecution’s Burden.
CR533 Defense of Self or Other – No Duty to Retreat.
CR540 Use of Force in Defense of Property.
CR1001 Preamble to Driving Under the Influence Instructions.
CR1003 Driving Under the Influence of Alcohol, Drugs, or Combination (MB)
CR1004 Driving Under the Influence of Alcohol, Drugs, or Combination (MA)
CR1005 Driving Under the Influence of Alcohol, Drugs, or Combination (F3)
CR1301 Definitions for Assault and Related Offenses.
CR1302 Misdemeanor Assaults.
CR1303 Assault Against School Employees.
CR1304 Assault Against a Peace Officer
CR1305 Assault Against a Military Servicemember in Uniform.
CR1306 Assault by a Prisoner.
CR1320 Aggravated Assault.
CR1321 Aggravated Assault by a Prisoner.
CR1322 Aggravated Assault – Targeting Law Enforcement Officer.
CR1330 Domestic Violence – Special Verdict Definitions.
CR1331 Domestic Violence – Special Verdict Instructions.
CR1411 Murder.
CR1450 Practitioner’s Note: Explanation Concerning Imperfect Self-Defense.
CR1451 Explanation of Perfect and Imperfect Self-Defense as Defenses.
CR1452 Special Verdict Form – Imperfect Self-Defense.

NEW SPECIAL VERDICT FORMS:
SVF1001 Driving Under the Influence Offenses.
SVF1301 Assault Offenses.
SVF1331 DV – Cohabitant.
SVF1450 Imperfect Self-Defense.

REVISED SPECIAL VERDICT FORMS:
SVF1001 Driving Under the Influence Offenses. (revised as a result of HB0139-2020)
SVF1613 Aggravated Sexual Abuse of a Child. (added new committee note)

How to view the text of these Model Utah Criminal Jury Instructions

To view these jury instructions and submit comments, click on this link http://legacy.utcourts.gov/utc/muji-comment/2019/08/07/criminal_20200603/, then click on the relevant link(s) in the post.

How to submit comments

You can comment by entering your comment in the box and clicking “Post Comment.” Please include the instruction number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

How to view Model Utah Jury Instructions (both civil and criminal) published for comment

Visit https://legacy.utcourts.gov/utc/muji-comment/.

How to view the work of the Committee on Model Criminal Jury Instructions

Visit http://legacy.utcourts.gov/committees/muji-criminal/ and https://legacy.utcourts.gov/resources/muji/index.asp.

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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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