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

agreed to, all facts and events which have been judicially noticed and all presumptions stated in these instructions. In determining the facts, you must consider only the evidence received at the trial. Evidence offered at the trial and rejected or stricken by the court must not be considered. Statements, remarks, arguments, and objections of counsel and remarks of the court not directed to you are not evidence. You are to consider only the evidence in the case and reasonable inferences from that evidence. An inference is a deduction or a conclusion which reason and common sense lead the jury to draw from facts which have been proved. When the attorneys on both sides stipulate or agree as to the existence of a fact, or a fact has been admitted, the jury must regard that fact as proved. If the agreement is that a witness would testify in a certain manner, all that the jury is required to believe is that the witness would testify. When the court declares that it has taken judicial notice of some fact or event, the jury must accept that fact or event as proved.

Jury Instruction No. 4

Evidence may be either direct or circumstantial. Circumstantial evidence is the proof of facts or circumstances from which the existence or nonexistence of other facts may reasonably be inferred. All other evidence is direct evidence. The law makes no distinction between the effect of direct evidence and circumstantial evidence.

Jury Instruction No. 5

These jury instructions are a part of the court record. You are not permitted to write any notes on these jury instructions or to deface them in any way. The original instructions and the exhibits are to be returned to the court at the conclusion of your deliberations. The bailiff will now escort you to the jury room. Upon reaching the jury room, you are to select one of your members to be the foreman or forewoman of the jury. Your foreman or forewoman will preside over your deliberations. Your foreman or forewoman and all of the other members of the jury must sign whatever verdict you reach.

When you have agreed upon your verdict, your foreman or forewoman should notify the bailiff that you have agreed upon a verdict, but the verdict should not be revealed to the bailiff. The foreman or forewoman shall keep the verdict forms, these instructions, and the exhibits until otherwise instructed by the court. These jury instructions were read and given to the jury by the court on this ______day of ___________, 20__.

By the court: The Honorable Judge Patty Bristol