PATTERN JURY INSTRUCTIONS (Civil Cases)
PATTERN JURY INSTRUCTIONS
(Civil Cases)
Prepared by the Committee on Pattern
Jury Instructions District Judges Association
Fifth Circuit 2014
with revisions through October 2016
For Customer Assistance Call 1-800-328-4880 Mat #41663410
COMMITTEE ON PATTERN JURY INSTRUCTIONS
DISTRICT JUDGES ASSOCIATION FIFTH CIRCUIT
Judge Daniel P. Jordan III, Chairman Judge Ron Clark
Judge Elizabeth Erny Foote Judge Melinda Harmon
Judge Mary Ann Vial Lemmon Judge Michael P. Mills Judge Sul Ozerden Judge Sarah Vance
Judge Stanwood R. Duval, Jr. Judge Lee H. Rosenthal
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FOREWORD
In July 2011, the Fifth Circuit District Judges Association formed the Pattern Jury Instruction Committee (Civil) including Judges Lee Rosenthal, Ron Clark, Elizabeth Foote, Sul Ozerden, Michael P. Mills, Stanwood Duval, Mary Ann Lemmon, Sarah Vance, Melinda Harmon and Dan Jordan. The Committee was charged with reviewing the existing pattern instructions and updating them where necessary.
After an initial review, the Committee determined that the time had come for a top-to-bottom examination for substantive accuracy. While many of the existing instructions remained valid, a significant number no longer reflected current law. This is no reflection on prior committees, which did an excellent job drafting prior patterns. The law is not stagnant; it was time to update. Accordingly, the 2014 edition of the Fifth Circuit Pattern Jury Instructions (Civil) will represent a substantial overhaul.
The Committee approached this project with a consistent mantra: present instructions that are as balanced, accurate, and user friendly as possible. Given the breadth of that undertaking, outside assistance was essential. And in the end, nearly one hundred judges, attorneys, law professors, and law students helped draft, vet, edit, and proofread the final product. In all, the instructions went through four rounds of review, each time by a different panel of reviewers.
In every case, the volunteer reviewers were recruited for their expertise in the chapters they helped produce. In most cases, the volunteers presided, practiced, or taught within the Fifth Circuit and possessed hands-on experience applying this circuit's standards, though some experts beyond this circuit were consulted.
Readers will note that the subject areas are not identical to previous editions. Chapter 6 on Antitrust and Chapter 8 on RICO have been deleted because the Committee concluded that the existing instructions were no longer trustworthy and that the issues arose too infrequently to justify revision. Chapter 9 on Patent Infringement has been deleted because the Committee learned that practitioners favored other pattern instructions for patent cases. Chapter 14 on statutes of
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