Jury Instruction No.

1
The complaint is a mere accusation against the defendant, and it is not in itself any evidence of the liability of the defendant, and no juror should permit himself or herself to be influenced to any extent, however slight, against the defendant because or on account of the filing of the complaint.

Jury Instruction No. 2
(1) The burden of proof is upon Plaintiff to establish his case by a preponderance of the evidence. (2) The burden of proof is upon Defendant to establish an affirmative defense by a preponderance of the evidence. (3) By “burden of proof” is meant that the obligation rests on the party or parties who assert a proposition to establish the same by a preponderance of the evidence presented in this case, regardless of which party may have produced such evidence. (4) By “preponderance of the evidence” is meant that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. (5) If a party fails to meet his burden of proof or if the evidence weighs so evenly that you are unable to say that there is a preponderance on either side, you must resolve the question against the party who has the burden of proof and in favor of the opposing party.

Jury Instruction No. 3
The evidence in the case consists of the sworn testimony of all the witnesses, all exhibits which have been received into evidence, all facts which have been admitted or

all that the jury is required to believe is that the witness would testify. all facts and events which have been judicially noticed and all presumptions stated in these instructions. If the agreement is that a witness would testify in a certain manner. You are to consider only the evidence in the case and reasonable inferences from that evidence. Circumstantial evidence is the proof of facts or circumstances from which the existence or nonexistence of other facts may reasonably be inferred. 4 Evidence may be either direct or circumstantial. or a fact has been admitted. When the attorneys on both sides stipulate or agree as to the existence of a fact. and objections of counsel and remarks of the court not directed to you are not evidence. All other evidence is direct evidence. Evidence offered at the trial and rejected or stricken by the court must not be considered. remarks. An inference is a deduction or a conclusion which reason and common sense lead the jury to draw from facts which have been proved. arguments.agreed to. When the court declares that it has taken judicial notice of some fact or event. you must consider only the evidence received at the trial. Jury Instruction No. The law makes no distinction between the effect of direct evidence and circumstantial evidence. the jury must regard that fact as proved. In determining the facts. Statements. the jury must accept that fact or event as proved. .

Upon reaching the jury room.Jury Instruction No. You are not permitted to write any notes on these jury instructions or to deface them in any way. These jury instructions were read and given to the jury by the court on this ______day of ___________. When you have agreed upon your verdict. By the court: The Honorable Judge Patty Bristol . The original instructions and the exhibits are to be returned to the court at the conclusion of your deliberations. and the exhibits until otherwise instructed by the court. Your foreman or forewoman and all of the other members of the jury must sign whatever verdict you reach. Your foreman or forewoman will preside over your deliberations. but the verdict should not be revealed to the bailiff. The foreman or forewoman shall keep the verdict forms. 20__. The bailiff will now escort you to the jury room. 5 These jury instructions are a part of the court record. your foreman or forewoman should notify the bailiff that you have agreed upon a verdict. you are to select one of your members to be the foreman or forewoman of the jury. these instructions.