Pattern Jury Instructions

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NDJI - civil

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GENERAL DIRECTIONS FOR USE
2008- %

C - 0.10

1. The North Dakota Pattern Jury Instructions must be used with discretion, keeping in mind the following principles:

a) NDPJI is neither a restatement nor an encyclopedia of the prevailing law. The intent is to provide forms of instructions which are clear, unambiguous, impartial, and free from argument for specific subjects which are most often litigated.

b) The instructions are not all inclusive.

c) The law prevailing during the period of drafting is reflected in the instructions. As the law in any field becomes more refined or modified by statue or appellate decisions, NDPJI instructions should be modified.

2. Revisions will be required in many cases as to gender and number. Names of the parties shall be used wherever possible.

3. In many instances, alternatives or probable omissions have been included in parentheses or brackets. Where alternatives are indicated, the more appropriate one, in light of the evidence and the theory of the case, should be used. Indicated omissions should be treated in a similar manner.

4. “Notes” following each instruction contain cross references, directions, or cautions with respect to its use.

5. Parties are entitled to instructions as to their theories of the case, if supported by the evidence.

6. When the instructions are read or given to the Jury, the notes and citations should be omitted.

GENERAL DIRECTIONS FOR USE
2008- Introductory Instructions

C - 1.00

GENERAL DIRECTIONS FOR USE
2008- %

C - 1.00

[Title Page and Nature of Case](Illustration)
1986- Introductory Instructions

C - 1.01

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Note: (2004 - reviewed with no changes)

GENERAL DIRECTIONS FOR USE
2008- Introductory Instructions

C - 1.02

Instruction References
1999- Introductory Instructions

C - 1.02

As I shall later instruct you, separate verdicts will be returned with respect to the claim[s] of [the] [each] Plaintiff against [the] [each] Defendant. For the sake of brevity, [the word "Plaintiff" refers to [each] [both] [all] of the Plaintiffs] [and] [the word "Defendant" refers to [each] [both] [all] of the Defendants], as context requires. Whenever reference is made in these instructions [to only one of the Plaintiffs] [or] [to only one of the Defendants], that party will be designated by name. Unless otherwise expressly stated, these instructions apply to [each] and [both] [all] of the Plaintiffs' claims] [and] [each] and [both] [all] of the Defendants' [defenses] [or] [Counterclaims]. Words of the singular include the plural [and words of the masculine include the [feminine] [and] [neuter], as context requires.

Note: (2004 - reviewed with no changes) If Third-Party Defendants are involved, appropriate changes should be made.

GENERAL DIRECTIONS FOR USE
2008- Introductory Instructions

C - 1.03

Multiple Plaintiffs
1986- Introductory Instructions

C - 1.10

Although there are [two] Plaintiffs in this action, it does not necessarily follow that if one is entitled to recover [both] [all] are entitled to recover. [The] [Each] Defendant is entitled to a fair consideration of the Defense as to each Plaintiff, just as each Plaintiff is entitled to a fair consideration of the Claim against [the] [each] Defendant. [Unless otherwise stated, all instructions given you govern the case as to each Plaintiff].

Devitt & Blackmar (4th ed.), Multiple Plaintiffs, § 71.05

Note: (2004 - reviewed with no changes) The bracketed sentence may be omitted if NJDI C - 1.02, Instruction References, is given.

Multiple Defendants
2001- Introductory Instructions

C - 1.11

Although there are [two] Defendants in this action, it does not necessarily follow that if one is liable [both] [all] are liable. Each Defendant's defense is entitled to fair consideration, and is not to be prejudiced by any fact that you find against the other[s]. [Unless otherwise stated, all instructions given you govern the case as to each Defendant.]

Federal Jury Practice & Instructions (5th ed.), Multiple Defendants, § 103.14

Note: (2004 - reviewed with no changes) The bracketed sentence may be omitted if NDJI C - 1.02, Instruction References, is given.

[Counterclaim] [Cross-Claim] [Third-Party Claim]
1986- Introductory Instructions

C - 1.20

There is in this action a [Counterclaim] [Cross-Claim] [Third-Party Claim] in which the Defendant, _______________,is [Counterclaimant] [Cross-Claimant] [Third-Party Plaintiff] against [the Plaintiff] [Defendant, _______________ ] [Third-Party Defendant, _______________ ]. As to the issues raised by the [Counterclaim] [Cross-Claim] [Third-Party Claim] and the [Answer] [Reply] to it, the Parties stand in the same relation to one another as do a Plaintiff and a Defendant to each other. Accordingly, general instructions applicable to the Plaintiff and Defendant apply in like manner to the [Counterclaimant and Plaintiff] [Cross-Claimant and Defendant, _______________ ] [Third-Party Plaintiff and Third-Party Defendant] respectively.

Note: (2004 - reviewed with no changes)