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Model Civil Jury Charges
For questions or inquiries contact Kristi Jasberg Robinson, Esq., Chief, Civil Practice Liaison at
(609) 292-8471 or e-mail questions to: CivilWebSites Mailbox/AOC/Courts
- Committee on Model Civil Jury Charges
- General Information
- Model Civil Jury Charge Committee's Notices to the Bar
- Reorganized and Renumbered Model Civil Jury Charges Table of Contents (10/2007)
- Directive #04-07 - Jury Selection Standards and Voir Dire Questions
- Standard Jury Selection Questions - Civil
CHAPTER ONE - GENERAL INSTRUCTIONS |
|||
| Instructions To Jurors Before Voir Dire | |||
| 1.10A | Welcome and Explanation of Nature of Case | .doc | |
| 1.10B | Duty of Citizens to Serve as Jurors | .doc | |
| 1.10C | Excusing Jurors for Personal Reasons Based on Length of Trial | .doc | |
| 1.10D | Number of Jurors to be Selected and Procedure for taking Position in Jury Box | .doc | |
| 1.10E | Counsel's Right to Peremptory Challenges | .doc | |
| 1.10F | Introduction of Parties, Counsel and Potential Witnesses | .doc | |
| 1.10G | Identification of Potential Witnesses | .doc | |
| 1.10H | Particularized Questions | .doc | |
| 1.10I | Excusing the Balancing of the Jury after Selection is Complete | .doc | |
| Preliminary Charge (After Jury is Sworn in but before the Openings) | |||
| 1.11A | Role of Jury, Court and Attorneys | .doc | |
| 1.11B | Prohibition against Discussing the Case | .doc | |
| 1.11C | Jurors Not to Visit the Accident Scene or Do Investigations | .doc | |
| 1.11D | Note-Taking | .doc | |
| 1.11E | Outline of Order of Events | .doc | |
| 1.11F | Jury of Six — Alternates | .doc | |
| 1.11G | Settling Defendants | .doc | |
| 1.11H | Scheduling | .doc | |
| 1.11I | Cell Phone, Pager and other Wireless Communication Devices | .doc | |
| 1.12 (Intro) | General Provisions and Standard Charge | .doc | |
| 1.12A | Purpose of Charge | .doc | |
| 1.12B | Role of the Judge | .doc | |
| 1.12C | Role of the Attorneys | .doc | |
| 1.12D | Role of the Jury | .doc | |
| 1.12E | The Evidence | .doc | |
| 1.12F | Contention of the Parties | .doc | |
| 1.12G | Burden of Proof | .doc | |
| 1.12H | Preponderance of the Evidence (short version) | .doc | |
| 1.12I | Preponderance of the Evidence (long version) | .doc | |
| 1.12J | Direct and Circumstantial Evidence or Inferences | .doc | |
| 1.12K | Credibility (short version) | .doc | |
| 1.12L | Credibility (long version) | .doc | |
| 1.12M | False in One – False in All | .doc | |
| 1.12N | Liability | .doc | |
| 1.12O | Damages | .doc | |
| 1.12P | No Prejudice, Passion, Bias or Sympathy | .doc | |
| 1.12Q | Deliberations | .doc | |
| 1.12R | Alternates | .doc | |
| 1.12S | Verdict | .doc | |
| 1.12T | Jury Verdict Sheet | .doc | |
| 1.12U | Communications with Court (long version) | .doc | |
| 1.12V | Communications with Court (short version) | .doc | |
| 1.12W | Thanking the Jury | .doc | |
| 1.12X | Exceptions of Counsel | .doc | |
| 1.12Y | Reduce Jury to Six | .doc | |
| 1.12Z | Designate the Foreperson | .doc | |
| 1.12AA | Swear the Attendants | .doc | |
| 1.12BB | Lawyers Check Exhibits | .doc | |
| 1.12CC | Send Jury to Deliberate | .doc | |
| 1.12DD | Receiving Verdict | .doc | |
| 1.12EE | Thanking and Discharging Jury | .doc | |
| 1.13 | Expert Testimony | .doc | |
| 1.13A | Optional Charge Concerning Hypothetical Questions | .doc | |
| 1.13B | Optional Charge in Case of Conflicting Expert Testimony | .doc | |
| 1.13C | Optional Charge Concerning Fee Paid to Expert | .doc | |
| 1.13D | Optional Charge Concerning Statements from Publications | .doc | |
| 1.13E | Optional Charge Concerning Experts Relying on Hearsay Statements of Non-Testifying Experts | .doc | |
| 1.14 | Instructions to the Parties, Counsel and Spectators Who Have Been Closely following Trial, After Jury Has Retired to Deliberate (Regarding Outbursts) | .doc | |
| 1.15 | Note-Taking By Jurors | .doc | |
| 1.16 | Alternate Juror Empanelled After Deliberations Have Begun; R. 1:8 2(d) | .doc | |
| 1.17 | Instructions To Jury In Cases In Which One Or More Defendants Have Settled With The Plaintiff | .doc | |
| 1.18 | Witness: Failure of A Party To Produce | .doc | |
| 1.19 | Burden Of Proof — Clear and Convincing Evidence | .doc | |
| 1.20 | Supplemental Instructions As To Further Deliberations By Jury | .doc | |
| 1.21 | Instructions To Jury In Hit-And-Run Cases In Which The Commissioner Of Insurance is Impleaded As A Defendant | .doc | |
| 1.22 | Expedited Jury Trials (Preliminary and Post Trial Instructions) | .doc | |
| 1.23 | Preliminary Instructions Regarding Juror's Questions | .doc | |
| 1.24 | Final Instructions Regarding Jurors’ Questions | .doc | |
CHAPTER TWO - EMPLOYMENT LAW |
|||
| Common Law Employment Claims | |||
| 2.11 | Wrongful Discharge In Violation Of A Public Policy | .doc | |
| 2.12 | Personnel Manual Creating A Contract | .doc | |
| 2.13 | Oral Promises Creating An Enforceable Contract | .doc | |
| 2.14 | Exceptions To The Employment-At-Will Doctrine: Unwritten Personnel Policy Regarding Termination of Employment | .doc | |
| 2.15 | Good Faith and Fair Dealing | .doc | |
| 2.16 | Defamation and Employment | .doc | |
| Statutory Discrimination and Retaliation Employment Claims | |||
| 2.21 | New Jersey Law Against Discrimination (LAD) | .doc | |
| 2.22 | LAD Retaliation | .doc | |
| 2.22A | Law Against Discrimination (LAD) Individual Liability Claims | .doc | |
| 2.23 | Discriminatory Layoff or Reduction In Force (RIF) | .doc | |
| 2.24 | Wage Disparity Under The NJLAD | .doc | |
| 2.25 | Hostile Work Environment (Sexual, Age and Other Harassment) | .doc | |
| 2.26 | Failure To Accommodate Employee With Disability Under The New Jersey Law Against Discrimination | .doc | |
| 2.31 | Wage Disparity Under The Equal Pay Act [29 U.S.C. 206 (D)(1)] | .doc | |
| 2.32 | New Jersey Conscientious Employee Protection Act (CEPA) | .doc | |
| 2.33 | Wrongful Discharge; Mitigation of Economic Damages | .doc | |
| 2.34 | Mitigation Of Damages - Front Pay | .doc | |
| 2.35 | Past Emotional Distress in an Employment Law Case | .doc | |
| 2.36 | Past and Future Emotional Distress in an Employment Law Case | .doc | |
CHAPTER THREE - INTENTIONAL TORTS |
|||
| 3.10 | Assault And Battery | .doc | |
| 3.11A | Public Defamation | .doc | |
| 3.11B | Private Defamation | .doc | |
| 3.12 | Malicious Prosecution (Prior Criminal Proceeding) | .doc | |
| 3.13 | Malicious Prosecution (Prior Civil Proceeding) | .doc | |
| False Imprisonment (False Arrest) | |||
| 3.20A | General Rules To Be Charged In All Cases | .doc | |
| 3.20B | Defense Or Legal Authority For Confinement | .doc | |
| 3.20C | Citizen's Arrest For A Crime Without A Warrant | .doc | |
| 3.20D | Police Arrest Without A Warrant | .doc | |
| 3.20E | Arrest Without Warrant For Disorderly Person's Offense Or Breach Of Peace | .doc | |
| 3.20F | Shoplifting (N.J.S.A. 2C:20‑11) | .doc | |
| 3.30A | Unlawful Interference With Prospective Economic Advantage | .doc | |
| 3.30B | Tortious Interference With Contractual Relations | .doc | |
| 3.30C | Unlawful Interference With Contractual Relations | .doc | |
| 3.30D | Abuse Of Process | .doc | |
| 3.30E | Fraud — Deceit | .doc | |
| 3.30F | Intentional Infliction Of Emotional Distress | .doc | |
CHAPTER FOUR - CONTRACT CHARGES |
|||
| Bilateral Contracts | |||
| 4.10A | The Contract Claim — Generally | .doc | |
| 4.10B | Third Party Beneficiary | .doc | |
| 4.10C | Existence Of A Legally Enforceable Contract | .doc | |
| 4.10D | Form Of Contract | .doc | |
| 4.10E | Express Or Implied Contract | .doc | |
| 4.10F | Contingent Contract | .doc | |
| 4.10G | Contract To Be Memorialized In Writing | .doc | |
| 4.10H | Interpretation Of Contract Terms | .doc | |
| 4.10I | Modification | .doc | |
| 4.10J | Implied Terms - Covenant of Good Faith and Fair Dealing | .doc | |
| 4.10K | PromissoryEstoppel | .doc | |
| 4.10L | Claims Of Breach | .doc | |
| 4.10M | Anticipatory Breach | .doc | |
| 4.10N | Affirmative Defenses | .doc | |
| 4.20 | Time Of Performance Where Contract Is Silent | .doc | |
| 4.21 | Breach Of Express Warranty On Sale Of Goods | .doc | |
| 4.22 | Breach Of Implied Warranty Of Fitness For Particular Purpose Under U.C.C. | .doc | |
| 4.23 | Duress | .doc | |
| 4.24 | Third Party Beneficiary | .doc | |
| Building Contracts | |||
| 4.30A | Building Contracts ‑ Substantial Performance Of Builder | .doc | |
| 4.30B | Building Contracts ‑ Extras | .doc | |
| 4.30C | Builder Fails To Prove Substantial Performance And Sues In Quasi‑Contract | .doc | |
| Other Contract Actions | |||
| 4.40 | Real Estate Brokers Commission ‑ Statute Of Fraud (N.J.S.A. 25:1‑9) | .doc | |
| 4.41 | Bailment | .doc | |
| 4.42 | Intentionally Left Blank | ||
| 4.43 | Consumer Fraud Act | .doc | |
| 4.44 | Deficiency — Sale of Collateral As Commercially Reasonable | .doc | |
| 4.45 | Motor Vehicle Lemon Law (Includes Lemon Law Model Jury Verdict Sheet) | .doc | |
CHAPTER FIVE - NEGLIGENCE CHARGES |
|||
| 5.10A | Negligence And Ordinary Care ‑ General | .doc | |
| 5.10B | Forseeability (As Affecting Negligence) | .doc | |
| 5.10C | Undertaking Voluntarily Assumed | .doc | |
| 5.10D | Res Ipsa Loquitur | .doc | |
| 5.10E | Act Of God | .doc | |
| 5.10F | Emotional Distress From Witnessing Serious Injury To An Intimate Family Member | .doc | |
| 5.10G | Sudden Emergency | .doc | |
| 5.10H | Standards Of Construction, Custom And Usage In Industry Or Trade | .doc | |
| 5.10I | Agency (A) Master/Servant (B)Respondant Superior | .doc | |
| 5.11 |
Assumption Of Risk ‑ In The Primary Sense | .doc | |
| 5.12 | Gross Negligence | .doc | |
| Real Property Condition and Owners Occupants and Lessors | |||
| 5.20A | Dangerous Condition Of Public Property | .doc | |
| 5.20B | Liability for Defects In Public Streets And Sidewalks | .doc | |
| 5.20C | Duty Of Owner To Tenant Leasing Entire Premises And To Others On Premises | .doc | |
| 5.20D | Duty Of Owner Of Multi‑Family House To Tenants And Others | .doc | |
| 5.20E | Activity Of Owner/Occupier As Distinguished From Condition of Premises | .doc | |
| 5.20F | Duty Owed — Condition Of Premises | .doc | |
| 5.20G | Liability Of Former Owner Of Commercial Property For Defects Or Other Dangerous Conditions In Abutting Sidewalks | .doc | |
| 5.20H | Dangerous Instrumentalities Or Conditions | .doc | |
| 5.20I | Duty Of A Supermarket To A Business Invitee Walking In One Of The Aisles | .doc | |
| 5.21 | Duty Of Railroad At Public Highway Grade Crossing | .doc | |
| Motor Vehicle And Highway | |||
| 5.30A | General Duty Owing | .doc | |
| 5.30B | U-Turn | .doc | |
| 5.30C | Left-Hand Turn | .doc | |
| 5.30D | Violation Of Traffic Act | .doc | |
| 5.30E | Effect Of Black Out | .doc | |
| 5.30F | Liability For Injury Due To Mechanical Defect Or Failure | .doc | |
| 5.30G | Duty Of Automobile Driver To Make Observations | .doc | |
| 5.30H | Duty Of Care: Driver Of Motor Vehicle Proceeding Through An Intersection Controlled By A Stop Sign/Flashing Red Traffic Control Device | .doc | |
| 5.30I | Duty Of Care: Driver Of Motor Vehicle Proceeding Through An Intersection With A Flashing Amber Traffic Control Device | .doc | |
| 5.30J | Duty of Care Proceeding Through Intersection With Green Light [The Favored Driver] | .doc | |
| 5.30K | Nonuse Of
Seatbelt On Issue Of Negligence |
.doc | |
| 5.30L | Effect Of
Intoxication On Duty Owing (By Automobile Driver) |
.doc | |
| 5.31A | Duty Of Care
Intersection Approached By Emergency Vehicle
(To Be Used If
Emergency Vehicle Is Involved) |
.doc | |
| 5.31B | Duty Of Care Of Emergency Vehicle |
.doc | |
| 5.32A | Duty Of Pedestrians And Bicyclists To Make Observations | .doc | |
| 5.32B | Duty Of A Pedestrian When Crossing At A Point Other Than A Crosswalk | .doc | |
| 5.32C | Duty of Drivers and Pedestrians Crossing at Marked or Unmarked Crosswalk | .doc | |
| 5.33A | Verbal
Threshold (Type 6, 7, 8 or 9 Injuries) |
.doc | |
| 5.33B | Limitation On
Lawsuit Option |
.doc | |
| 5.34 | Photographic Evidence in Motor vehicle Accidents |
.doc | |
| Products Liability | |||
| 5.40A | Products Liability — Introduction | .doc | |
| 5.40B | Manufacturing Defect | .doc | |
| 5.40C | Failure To Warn/Instruct | .doc | |
| 5.40D-1 | Design Defect — Generally | .doc | |
| 5.40D-2 | Design Defect — Introductory Statement To Jury (All cases) | .doc | |
| 5.40D-3 | Design Defect — Legal Tests Of Product Defect | .doc | |
| 5.40D-4 | Design Defect — Defenses | .doc | |
| 5.40E | Crashworthiness — Special Issues | .doc | |
| 5.40F | Defect Before Sale | .doc | |
| 5.40G | Product Misuse Or Alteration | .doc | |
| 5.40H | Foreseeable User Or Victim | .doc | |
| 5.40I | Proximate Cause | .doc | |
| 5.40J | Comparative Fault | .doc | |
| 5.40K | Summary |
.doc | |
| 5.40L | Negligence | .doc | |
| 5.40M | Express
Warranty |
.doc | |
| Medical Negligence | |||
| 5.50 | Apparent Authority Charge | .doc | |
| 5.50A | Duty and Negligence | .doc | |
| 5.50B | Common
Knowledge Standard of Care |
.doc | |
| 5.50C | Informed
Consent (Competent Adult and No Emergency) |
.doc | |
| 5.50D | Intentionally
Left Blank |
||
| 5.50E | Pre-Existing
Condition — Increased Risk/Loss of Chance — Proximate Cause |
.doc | |
| 5.50F | Wrongful Birth
and Life |
.doc | |
| 5.50G | Medical
Judgment |
.doc | |
| 5.50H | Alteration Of
Medical Records |
.doc | |
| 5.50I | Fraudulent
Concealment Of Medical Records |
.doc | |
| Attorney Negligence | |||
| 5.51A | Legal Malpractice | .doc | |
| 5.51B | Proximate Cause
- Inadequate or Incomplete Legal Advice |
.doc | |
| Other Professional Negligence | |||
| 5.52 | Professional Liability Of An Architect/ Engineer | .doc | |
| Animals | |||
| 5.60A | Statutory Owner ‑ Dog Bite Liability (N.J.S.A. 4:19‑16) | .doc | |
| 5.60B | Animal With Vicious Or Dangerous Trait
Or Propensity (Other Than An Owner Dog Bite Case) |
.doc | |
| Other Negligence Actions | |||
| 5.70 | Parental Supervision — Unemancipated Child For Personal Injuries | .doc | |
| 5.71 | Tavern Keepers
Serving Minors And Intoxicated Persons |
.doc | |
| 5.72 | Proprietor's Duty
Of Care To Patrons Against Criminal Activity Of Third Persons |
.doc | |
| 5.73 | Common Carrier
for Hire |
.doc | |
| 5.74 | Duty Of
Teachers And School Personnel To Student |
.doc | |
| 5.75 | Nuisance |
.doc | |
| 5.76 | Negligent Hiring | .doc | |
CHAPTER SIX - PROXIMATE CAUSE |
|||
| 6.10 | Proximate Cause — General Charge To Be Given In All Cases | .doc | |
| 6.11 | Proximate Cause
— Routine Tort Where No Issues Of Concurrent Or Intervening Causes, Or
Foreseeability Of Injury Or Harm |
.doc | |
| 6.12 | Proximate Cause
— Claim That Concurrent Causes of Harm Were Present |
.doc | |
| 6.13 | Proximate Cause
— Claim That Concurrent Causes of Harm Are Present And Claim That
Specific Harm Was Not Foreseeable |
.doc | |
| 6.14 | Proximate Cause
— Claim of Intervening or Superseding Cause |
.doc | |
CHAPTER SEVEN - COMPARATIVE AND CONTRIBUTORY NEGLIGENCE |
|||
| 7.10 | Contributory Negligence | .doc | |
| 7.11 | Care Required Of Children (7 Years and Older) (Under 7 Years) | .doc | |
| 7.12 | Duty Of Passenger In Automobile | .doc | |
| 7.13 | Negligence — Intoxication (Riding With Intoxicated Driver) | .doc | |
| 7.14 | Negligence —
Effect of Physical Impairment |
.doc | |
| 7.15 | Negligence —
Care Required Of Pedestrian On Sidewalk |
.doc | |
| 7.16 | Negligence —
Acts or Misconduct Are Willful, Wanton or Malicious or In Reckless Disregard
Of One's Safety Or Are Intentional Acts |
.doc | |
| 7.20 | Federal Employers Liability Act —
Comparative Negligence |
.doc | |
| 7.21 | Jones Act —
Comparative Negligence |
.doc | |
| 7.22 | Third Party
Action under Longshoreman's and Harbor Workers Compensation Act — Comparative
Negligence |
.doc | |
| 7.30 | Comparative Negligence — (Auto) — All Issues |
.doc | |
| 7.31 | Comparative
Negligence: Ultimate Outcome |
.doc | |
| 7.32 | Comparative
Negligence: Interrogatories |
.doc | |
CHAPTER EIGHT - DAMAGES - GENERAL |
|||
| 8.10 | Damages — Effect of Instruction — Personal Injury Case Verdict Sheet | .doc | |
| 8.11A | Medical
Expenses (Non Auto) |
.doc | |
| 8.11B | Duty To
Mitigate Damages By Medical And Surgical Treatment |
.doc | |
| 8.11C | Loss of
Earnings |
.doc | |
| 8.11D | Loss Of Profits | .doc | |
| 8.11E | Disability, Impairment
And Loss Of The Enjoyment Of Life, Pain And Suffering |
.doc | |
| 8.11F | Aggravation Of
The Preexisting Disability |
.doc | |
| 8.11G | Life Expectancy |
.doc | |
| 8.11H | Capitalization |
.doc | |
| 8.11I | Future Medical
Expenses |
.doc | |
| Damages — Motor Vehicle | |||
| 8.20 | Medical Expenses (Auto) | .doc | |
| 8.21 | Nonuse of Seatbelt Including Ultimate Outcome (Includes Jury Verdict Sheet) |
.doc | |
| Damages — Per Quod | |||
| 8.30A | Medical Expenses | .doc | |
| 8.30B | Loss Of
Spouse's Services, Society And Consortium |
.doc | |
| 8.30C | Loss Of Child's
Services And Earnings |
.doc | |
| Damages — Other Causes | |||
| 8.40 | Trespass To Real Property | .doc | |
| 8.41 | Conversion |
.doc | |
| 8.42 | Survival Action |
.doc | |
| 8.43 | Wrongful Death | .doc | |
| 8.44 | Personal
Property |
.doc | |
| 8.45 | Breach of
Contract |
.doc | |
| 8.46 | Defamation Damages
(Private Or Public) |
.doc | |
| 8.47A | Malicious
Prosecution Based Upon Prior Criminal Proceeding |
.doc | |
| 8.47B | Malicious
Prosecution Based Upon Prior Civil Proceedings |
.doc | |
| 8.47C | False Imprisonment (False Arrest) |
.doc | |
| 8.48 | Tax
Consequences Of Personal Injury Award |
.doc | |
| 8.49 | Supervisory
Sexual Harassment |
.doc | |
| 8.50-- 8.59 | Intentionally
Left Blank |
||
| Damages — Punitive Damages | |||
| 8.60 | Punitive Damages Actions — General | .doc | |
| 8.61 | Punitive
Damages — Law Against Discrimination (LAD) Claims |
.doc | |
| 8.62 | Punitive Damages Actions — Products Liability | .doc | |
| 8.63 | Punitive Damages - New Jersey Conscientious Employee Protection Act (CEPA) Claims | .doc | |
| Damages – Tort Claim Act | |||
| 8.70 | Tort Claims Act Threshold For Recovery Of Damages For Pain And Suffering | .doc | |
CHAPTER NINE - CONDEMNATION |
|||
| 9.10 | Condemnation — Generally | .doc | |
| 9.11 | Condemnation — Highest And Best Use | .doc | |
| 9.12 | Condemnation — Methods Of Computing Fair Market | .doc | |
| 9.13 | Condemnation — Machinery | .doc | |
| 9.14 | Condemnation — Partial Taking (Severance Damages) | .doc | |
| 9.15 | Condemnation — Taking Publicly Owned Properties | .doc | |
CHAPTER TEN - FORFEITURES |
|||
| 10.10 | Civil In Rem Forfeiture Actions | .doc | |