Civil Pattern Jury Instructions

The Alaska Civil Pattern Jury Instructions were drafted by University of Virginia Professors Harvey S. Perlman and Stephen A. Saltzburg in 1981 under contract to the Alaska Court System. The instructions were reviewed and edited by a committee of lawyers and judges appointed by the Alaska Supreme Court. The Civil Pattern Jury Instructions Committee continues to meet monthly to review and revise the instructions. Please contact Hanley Robinson with questions or comments about these instructions:

Hanley Robinson
Reporter, Civil Pattern Jury Instructions Committee
820 W 4th Avenue
Anchorage AK 99501
(907) 264-8228

Attention: These instructions are NOT for persons who have been summoned for trial or grand jury service.

Chronological list of updates since January 2017

Article 1 Instructions to Precede the Taking of Evidence (Revised 2013)

Article 1A Mid-Trial Instructions (Revised 1999)

Article 2 Closing Instructions (Revised 1999)

Article 3 Negligence - General Concepts (Revised 2019)

Article 4 Survival and Death Claims (Revised 2013)

Article 5 Motor Vehicle and Highway Safety (Revised 1986)

Article 6 Liability of Landowners or Occupiers (Revised 2019)

Article 7 Products Liability (Revised 2005)

Article 8 Professional Malpractice (Revised 2005)

Article 9 Wrongful Discrimination (Added 2004)

Article 10 Consumer Protection Act (Revised 2020)

Article 11 (Reserved)

Article 12 Assault or Battery (Revised 2017)

Article 13 Trespass & Nuisance (Revised 1996)

Article 14 (Reserved)

Article 15 False Imprisonment and False Arrest (Revised 1987)

Article 16 Defamation (Revised 2011)

Article 17 Fraud and Negligent Misrepresentation (Revised 2010)

Article 18 Intentional Interference With Chattels (Revised 2015)

Article 19 Intentional Interference With Contract or Prospective Economic Advantage (Revised 2012)

Article 20 Damages (Revised 2018)

Article 21 Bailments (Revised 2015)

Article 22 (Reserved)

Article 23 Legal Relationships (Revised 2018)

Article 24 Contracts (Revised 2022)

Article 25 (Reserved)

Article 26 Will Contests (Revised 1995)

Article 27 Eminent Domain (Revised 2019)

Article 28 (Reserved)

Article 29 (Reserved)

Article 30 Landlord-Tenant (Revised 1987)

ARTICLE 1. Instructions to Precede the Taking of Evidence (Revised 2013)

1.01 Empaneling The Jury - An Instruction to Precede The Oath (1999)
1.02 Explanation of Trial Day (1999)
1.03 Introductory Instruction on Procedure (1999)
1.04 Representatives of Parties (1999)
1.05 Evidence (1999)
1.06 Kinds of Evidence (1999)
1.06A Credibility of Witnesses - Witness Who Testifies Through Interpreter (2013)
1.06B Credibility of Witnesses - Witness Who Testifies Using American Sign Language (1999)
1.07 Credibility of Witnesses (1999)
1.08 Credibility of Expert Witnesses (1999)
1.09 Questions by the Court (1999)
1.10 Relationship of Exhibits to Testimony (1999)
1.11 Note Taking (1999)
1.12 Questions by Jurors (2005)
1.13 Exclusion of Evidence (1999)
1.14 Communications by Jurors with the Court (1999)
1.15 Use of Pronouns (1999)

Withdrawn Instructions (1999)

1.02 Preliminary Instruction on the Juror's Role
1.05 Introductory Description of the Dispute
1.13 Admonition as to Juror Conduct (replaced by 1.02)
1.15A Use of Pronouns (replaced by 1.15)

ARTICLE 1A. Mid-Trial Instructions (Revised 1999)

1A.01 The Significance of Objections
1A.01A The Order of Presentation
1A.02 Striking Evidence - Simple Question and Answer
1A.03 Striking Evidence - Part of Answer Stricken
1A.04 Striking an Exhibit That Has Been Admitted
1A.05 Striking Earlier Testimony
1A.06A Limiting Instruction - Hearsay
1A.06B Explanatory Instruction - Truth of Out-of-Court Statement Irrelevant
1A.06C Limiting Instruction - Simple Admission
1A.06D Limiting Instruction - Vicarious Admission
1A.06E Tacit Admissions
1A.06F Ambiguous Response to an Accusation
1A.07 Limiting Instruction - Other Acts
1A.08 Limiting Instruction - Subsequent Remedial Measures
1A.09 Limiting Instruction - Settlements
1A.10 Limiting Instruction - Insurance
1A.11 Limiting Instruction - Claims of Privilege by Party Generally
1A.13 Limiting Instruction - Exercise of Privilege Against Self-Incrimination
1A.14 Limiting Instruction - Character Evidence Offered to Impeach or Bolster Credibility
1A.15 Limiting Instruction - Prior Convictions
1A.16 Limiting Instruction - Religious Beliefs
1A.17 Cautionary Instruction Following Judicial Questioning or Calling of Witness
1A.18 Cautionary Instruction - Court Appointed Expert Witness
1A.19 Credibility of Witnesses - Witness Who Testifies Through Interpreter
1A.20 Credibility of Witnesses - Witness Who Testifies Using American Sign Language
1A.21 Contents of Document (Formerly 1A.19)
1A.22 Instruction of Recess (Formerly 1A.20)

ARTICLE 2. Closing Instructions (Revised 1999)

2.01 General Remarks
2.02 Instructions by Court
2.03 Use of Pronouns (formerly 2.01A)
2.04 Definition of Preponderance of the Evidence [instructions on substantive law] (formerly 2.22)
2.05 Damages
2.06 Attorney Fees and Costs
2.07 Resort to Chance (formerly 2.27)
2.08 Credibility of Witnesses (formerly 2.02)
2.08A Credibility of Witnesses - Witness Who Testifies Through Interpreter
2.08B Credibility of Witnesses - Witness Who Testifies Using American Sign Language
2.09 Status of Witnesses in Community (formerly 2.10A)
2.10 Credibility of Expert Witnesses (formerly 2.03)
2.11 Expert Witnesses Called by Court
2.12 Questions Asked by Court
2.13 Depositions Generally (formerly 2.05)
2.14 Videotape Depositions (formerly 2.06)
2.15 Audiotape Depositions (formerly 2.07)
2.16 Telephonic Testimony
2.17 Exhibits (formerly 2.09)
2.18 Views (formerly 2.15)
2.19 Stipulations; Binding Admissions (formerly 2.11)
2.20 Judicial Notice (formerly 2.14)
2.21A Presumptions - No Rebuttal Evidence (formerly 2.23A)
2.21B Presumption - Rebuttal Evidence (formerly 2.23B)
2.22 Questions; Inadmissible Evidence; Arguments and Statements of Counsel (formerly 2.17)
2.23 Failure to Present Evidence (formerly 2.16)
2.24 Evidence Admitted Against One Party But Not Another (formerly 2.19)
2.25 Unsworn Oral Admissions of Party (formerly 2.12)
2.26 Evaluation of Evidence (formerly 2.18)
2.27 Representatives of Parties (formerly 2.20)
2.28 General Behavior; Election of Foreperson (formerly 2.24)
2.29 Jurors' Communication with Court
2.30 Jurors' Notes (formerly 2.25)
2.31 Returning a Verdict (formerly 2.28)

Withdrawn Instructions (1999)

2.08 Hearsay Evidence
2.13 Admission by Silence
2.21 Applying the Law to the Facts
2.26 Verdict Forms

ARTICLE 3. Negligence - General Concepts (Revised 2019)

3.01 Negligence - When Plaintiff Entitled to Recover (2008)
3.02 Comparative Negligence (2008)
3.03A Negligence Defined - Adult (2008)
3.03B Negligence Defined - Child (2008)
3.03C Negligence Defined - Capacity of Child Under Seven (2008)
3.03D Negligence Defined - Common Carrier (2008)
3.04A Violation of Statute - Negligence Per Se (2008)
3.04B Violation of Statute - Evidence of Negligence (2008)
3.05 Res Ipsa Loquitur (2008)
3.06 Reserved
3.07 Substantial Factor (2008)
3.08 Multiple Causes (2008)
3.09 Superseding Cause (2008)
3.10 Reserved
3.11 "Good Samaritan" Defense (2008)
3.12A Injury Resulting from Commission of a Crime(2008)
3.12B Injury Resulting from Commission of a Crime - Without Conviction (2008)
3.13 Heightened Liability Standard for Members of Boards and Commissions (AS 09.65.170) (2008)
3.14 Gross Negligence Defined (2008)
3.15A Negligent Infliction of Emotional Distress: Preexisting Duty (2019)
3.15B Negligent Infliction of Emotional Distress: Bystander (2019)
3.16 Intentional Infliction of Emotional Distress (2019)
3.17 Fault of Absent Parties (2008)
3.18 Evidence of Settlement (2008)
3.19 Reserved
3.20 Introduction to Special Verdict Form (2008)
3.21A Verdict Form – One Defendant, No Non-Parties (2008)
3.21B Special Verdict Form – Multiple Defendants/Third Party Defendants, No Non-Parties (2008)
3.21C Special Verdict Form – Allocation of Fault to Non-Parties (2008)
3.22 Unavoidable Accident (2008) (Comment only)

Withdrawn Instructions

3.02B Comparative Negligence - Young Child (Withdrawn 2008)
3.04C Compliance With Statute (Withdrawn 2008)
3.05 Sudden Emergency (Withdrawn 1997)
3.08 Rescue Doctrine (Withdrawn 2008)
3.09A Special Verdict Form (Withdrawn 2008)

ARTICLE 4. Survival and Death Claims (Revised 2013)

4.01A Survival Action - Plaintiff Deceased - Identity of Parties
4.01B Survival Action - Defendant Deceased - Identity of Parties
4.01C Wrongful Death Action - Identity of Parties
4.02 Reserved
4.03 Wrongful Death Claim - With Optional Survival Claim
4.04 Reserved
4.05A Wrongful Death Action - Identification of Other Dependents
4.05B Wrongful Death - Recovery by Statutory Beneficiaries
4.06A Wrongful Death Damages - Past Loss of Support
4.06B Wrongful Death Damages - Future Loss of Support
4.07 Wrongful Death Damages - Loss of Assistance or Services
4.08 Wrongful Death Damages - Medical and Funeral Expenses
4.09 Wrongful Death Damages - Loss of Future Savings (Added 2013)
4.10A Wrongful Death Damages - Loss of Consortium
4.10B Wrongful Death Damages - Pain and Suffering of Beneficiary
4.10C Wrongful Death Damages - Loss of Prospective Training and Education
4.11 Wrongful Death Damages - Recovery by Estate
4.12 Wrongful Death Damages - Special Verdict Form
4.13 Life Expectancy (Added 2013)

History of 1988 Version of Instructions

4.02 Withdrawn [Combined with Instruction 4.03]
4.04 Withdrawn [Included in Comment to 4.03]
4.08 Renumbered as 4.10A
4.09 Renumbered as 4.10C
4.10 Renumbered as 4.08
4.11 Renumbered as 4.10B
4.12 Renumbered as 4.11
4.13A Withdrawn
4.13B Withdrawn

ARTICLE 5. Motor Vehicle and Highway Safety (Revised 1986)

5.01 Driver of Motor Vehicle - General Duty of Care
5.02 Passenger - General Duty of Care
5.03 Pedestrian - General Duty of Care
5.04 Speed of Vehicle - Prima Facie Limits
5.05 Speed of Vehicle - Reasonable Speed
5.06 Speed of Vehicle - Reduction in Particular Circumstances
5.07 Speed of Vehicle - Passing Another Vehicle
5.08 Speed of Vehicle - Minimum Speed Regulation
5.09 Driving on Right Side of Roadway
5.10 Driving on Roadways with Marked Lanes
5.11 Right-of-Way - Definition
5.12 Right-of-Way - Unmarked Intersection
5.13 Right-of-Way - Driver Making Left Turn
5.14 Right-of-Way - Intersections with "Stop" or "Yield" Signs
5.15 Right-of-Way - Vehicle Entering Highway from Alley, Private Road, or Driveway
5.16 Following Another Vehicle
5.17 Driving on Left Side of Roadway
5.18 Driving on Left Side of Roadway - Two-Way Road with Four or More Marked Lanes
5.19 Overtaking and Passing on the Left - Driver of Overtaking Vehicle
5.20 Overtaking and Passing - Driving to the Left of the Center of the Roadway
5.21 Overtaking and Passing on the Left - Driver of Vehicle Overtaken
5.22 Overtaking and Passing on the Right - Driver of Overtaking Vehicle
5.23 Making a Left Turn at an Intersection - Two-Way Road
5.24 Making a Left Turn at an Intersection - Other Than Two-Way Road
5.25 Obedience to Traffic Control Device
5.26 Stopping, Standing or Parking
5.27 Pedestrian - Definition
5.28 Pedestrian - Mandatory Use of Crosswalk
5.29 Pedestrian - Crossing at Other Than Crosswalk
5.30 Overtaking and Passing - Vehicle Stopped at Crosswalk
5.31 Pedestrian - Walking Along Roadway
5.32 Pedestrian - Right-of-Way in Crosswalk
5.33 Pedestrian - Movement Into Path of Vehicle

ARTICLE 6. Liability of Landowners or Occupiers (Revised 2019)

6.01 Landowner Liability - Improved Property
6.02 Landowner Liability - Elements When the Landowner's Liability is Limited
6.03 Landowner Liability - Elements When the Claim May be Subject to the Limits
6.04 Verdict Form - Landowner Liability

Withdrawn Instructions

6.00 Owners and Occupiers of Land (withdrawn 2019)

ARTICLE 7. Products Liability (Revised 2005)

7.01 Products Liability - Plaintiff's Claims (Rev. 1995)
7.02 Liability for Defect in Product (Rev. 1987)
7.03 Defectiveness Defined (Rev. 1995)
7.03A Scientific Unknowability (Rev. 1995)
7.04 Defect in Design Test (Withdrawn 1987)
7.05 Design Defects - State of the Art (Withdrawn 1987)
7.055 Strict Liability - Warnings and Instructions for Use (Withdrawn 1987)
7.06 Strict Liability in Tort - Comparative Negligence (Rev. 1995)
7.06A Strict Liability in Tort - Comparative Negligence - Pre-Tort Reform (Withdrawn 1995)
7.07 Strict Liability in Tort - Legal Cause (Rev. 1995)
7.08 Strict Liability in Tort - Multiple Causes (Rev. 1995)
7.08A Strict Liability in Tort - Superseding Cause (Rev. 2000)
7.09 Strict Liability in Tort - Special Verdict Form: One Defendant (Rev. 1995)

ARTICLE 8. Professional Malpractice (Revised 2005)

8.01 Health Care Provider Malpractice - Plaintiff's Claims (Rev. 2002)
8.02 Health Care Provider Malpractice - Negligence Defined (Rev. 2002)
8.03 Health Care Provider Malpractice - Failure to Obtain Informed Consent (Rev. 2002)
8.04 Health Care Provider Malpractice - Lack of Consent (Rev. 2002)
8.05 Health Care Provider Malpractice - Material Risk Defined (Added 2002)
8.06 Health Care Provider Malpractice - Justification for Lack of Consent (Rev. 2002)
8.07 Health Care Provider Malpractice - Consent on Behalf of Another (Rev. 2002)
8.08 Health Care Provider Malpractice - Expert Advisory Panels (Rev. 2002)
8.09 Reserved
8.10 Attorney Malpractice - Negligence Defined (Added 2002)
8.11 Attorney Malpractice - Case within a Case (Civil) (Added 2002)
8.11A Attorney Malpractice - Case within a Case (Civil) -Affirmative Defense of Collectibility (Added 2002)
8.12 Attorney Malpractice - Case within a Case (Criminal) (Added 2002)
8.12A Attorney Malpractice - Case within a Case (Criminal) -Affirmative Defense of Actual Guilt (Added 2002)
8.13 Reserved
8.14 Reserved
8.15 Other Professional Malpractice - Duty of Professional Other Than Health Care Provider or Attorney (Rev. 2002)

ARTICLE 9. Wrongful Discrimination (Added 2004)

9.01 Unlawful Discrimination in Hiring or Promotion: Introduction
9.02 Unlawful Discrimination in Hiring or Promotion: Pretext
9.03 Unlawful Discrimination in Hiring or Promotion: Mixed Motive
9.04 Reserved
9.05 Employer's Liability for Sexual Harassment: Hostile Work Environment
9.06 Employer's Liability for Sexual Harassment: Quid Pro Quo
9.07 Employer's Liability for Sexual Harassment: Reasonable Care Defense

ARTICLE 10. Consumer Protection Act (Revised 2020)

10.00 Introduction
10.01A Unfair Trade Practice Defined
10.01B Violation of Specific Provision of AS 45.50.471(b)
10.02 Trade or Commerce Defined
10.03A Deceptive Act or Practice Defined
10.03B Unfair Act or Practice Defined
10.04 Ascertainable Loss Defined
10.05 Liability of Agents and Employees in Consumer Protection Cases
10.06 Liability of Officers, Directors, Owners (2017)
10.07 Predatory Lending (2017)

ARTICLE 12. Assault or Battery (Revised 2017)

12.01 Assault - Elements
12.02 Battery - Elements
12.03A Assault or Battery - "Touching" Defined
12.03B Assault or Battery - "Offensive" Defined
12.03C Assault or Battery - Intent
12.03D Assault - Words Alone
12.06 Assault or Battery - Self-Defense
12.07 Assault or Battery - Self-Defense, Retreat
12.08 Assault or Battery - Self-Defense, Deadly Force
12.09 Assault or Battery - Damages

ARTICLE 13. Trespass & Nuisance (Revised 1996)

13.00 Introductory Comment
13.01 Simple Trespass and Denial - Intentional Entry
13.02 Simple Trespass and Denial - Negligent/Reckless Entry
13.03 Entry Privileged
13.04 Abuse of Privilege
13.05 Trespass - Damages
13.06 Trespass - Damages for Tree Cutting
13.07 Trespass - Damages for Mineral Conversion
13.08 Private Nuisance
13.09 Public Nuisance - Private Damages

Article 13 was rewritten and renumbered in 1996. All prior pattern instructions have been withdrawn.

ARTICLE 15. False Imprisonment and False Arrest (Revised 1987)

15.01 False Imprisonment - Other than False Arrest
15.02A Nature of Confinement
15.02B Confinement Defined (Withdrawn)
15.02C Intent Defined
15.03A False Arrest - Arrest Without Warrant; Fact of Arrest Contested
15.03B False Arrest - Arrest Without Warrant, Fact of Arrest Not Contested
15.04 False Arrest - Privilege of Peace Officer or Private Citizen to Arrest Without Warrant
15.05 Reasonable Cause Defined (Withdrawn)
15.06 False Imprisonment - Privilege of Peace Officer to Detain Short of Arrest
15.07 Good Faith Defense - Peace Officers
15.08 False Imprisonment - Privilege to Detain by Property Owner

ARTICLE 16. Defamation (Revised 2011)

16.01 Defamation - Elements of Defamation Per Se Where Plaintiff is Not Public Figure and Statement Does Not Relate to Issue of
Public Interest or Concern
16.02 Defamation - Elements of Defamation Per Se Where Plaintiff is Public Figure or Statement Relates to Issue of Public Interest or Concern
16.03 Defamation - Elements of Defamation Per Quod Where Plaintiff is Not Public Figure and Statement Does Not Relate to
Issue of Public Interest or Concern
16.04 Defamation - Elements of Defamation Per Quod Where Plaintiff is Public Figure or Statement Relates to
Issue of Public Interest or Concern
16.06 Defamation - Fact Versus Opinion
16.07 Defamation - Damages
16.10 Defamation - Privilege and Abuse of Privilege

ARTICLE 17. Fraud and Negligent Misrepresentation (Revised 2010)

17.01 Intentional Misrepresentation
17.02 Knowledge that a Statement is False or Misleading
17.03 Justifiable Reliance
17.04 Reserved
17.05 Negligent Misrepresentation
17.06 Nondisclosure
17.07 Duty to Disclose

ARTICLE 18. Intentional Interference With Chattels (Revised 2015)

18.00 Intentional Interference with Chattels Conversion, Replevin, and Trespass - Introductory Comment and Use Notes
18.01 Withdrawn (1990)
18.02 Prima Facie Case
18.03 Intent Defined
18.04 Excuse - Consent
18.05 Excuse - Repossessions
18.06 Measure of Damages - Introduction

ARTICLE 19. Intentional Interference With Contract or Prospective Economic Advantage (Revised 2012)

19.01A Intentional Interference with Contract - Elements
19.01B Intentional Interference with Prospective Economic Advantage - Elements
19.02 Intentional Interference with Contract or Prospective Economic Advantage - Definition of Intent
19.03 Intentional Interference with Contract or Prospective Economic Advantage - Justification and Privilege

ARTICLE 20. Damages (Revised 2018)

20.01A Damages - Introductory Instruction: Liability Contested (Rev. 2022)
20.01B Damages - Introductory Instruction: Liability Admitted (Rev. 2021)
20.02A Past Medical Expenses (2000)
20.02B Future Medical Expenses (Rev. 2021)
20.03 Past Earnings (1990)
20.04 Loss of Future Earning Capacity (Rev. 2021)
20.05 Inflation and Present Value/Future Economic Losses (1990)
20.06 Non-Economic Losses (Rev. 2017)
20.07A-L Limitation on Non-Economic Damages (Note Only) (2005)
20.07M Limitation on Non-Economic Damages - Severe Permanent Physical Impairment (2005)
20.07N Limitation on Non-Economic Damages - Severe Disfigurement (2005)
20.08 Loss of Spousal Consortium (1990)
20.09 Loss of Parental Consortium (1990)
20.10 Future Damages No Reduction to Present Value (1990)
20.11 Aggravation of Pre-Existing Condition or Disability (1990)
20.12 Additional Harm Resulting from Original Injury (2016)
20.13 Life Expectancy (1990)
20.14 Conversion, Loss, or Destruction of Property (2015)
20.15 Damage to Property (2015)
20.16 Loss of Use of Property (2015)
20.17A Fair Market Value Defined (2015)
20.17B Value of Loss of Use of Property Defined (2015)
20.17C Fair Rental Value (2015)
20.18A Avoidable Consequences (2003)
20.18B Expenses of Avoiding Consequences (1990)
20.20A Eligibility for Punitive Damages (2008)
20.20B Award of Punitive Damages (2008)
20.20C Special Verdict Form – Punitive Damages (2008)

Withdrawn Instructions

20.02 Medical Expenses; Past and Future (Withdrawn 2005)
20.05A Disfigurement of Severe Physical Impairment - Nature and Extent of Injury (Withdrawn 1990)
20.06 Pain and Suffering (Withdrawn 1990)
20.07B Limitation on Non-Economic Damages where Plaintiff Claims Disfigurement [Actions Accruing on or after June 11, 1986 and
before August 7, 1997] (Withdrawn 2005)
20.07C Limitation on Non-Economic Damages where Plaintiff Claims Severe Physical Impairment [Actions Accruing on or after June 11, 1986
and before August 7, 1997] (Withdrawn 2005)
20.07D Limitation on Non-Economic Damages where Plaintiff Claims Disfigurement and Severe Physical Impairment
[Actions Accruing on or after June 11, 1986 and before August 7, 1997] (Withdrawn 2005)
20.07E Limitation on Non-Economic Damages where Plaintiff Does Not Claim Severe Permanent Physical Impairment or Severe Disfigurement,
and There Are No Claims by Additional Plaintiffs for Non-Economic Losses (Such as Claims for Loss of Consortium)
[Actions Accruing on or after August 7, 1997] (Withdrawn 2005)
20.07F Limitation on Non-Economic Damages where Plaintiff Claims Severe Disfigurement, and there are no Claims by Additional Plaintiffs
for Non-Economic Losses (such as Claims for Loss of Consortium) [Actions Accruing on or after August 7, 1997]
(Withdrawn 2005)
20.07G Limitation on Non-Economic Damages where Plaintiff Claims Severe Permanent Physical Impairment, and there are no Claims by
Additional Plaintiffs for Non-Economic Losses (such as Claims for Loss of Consortium)
[Actions Accruing on or after August 7, 1997] (Withdrawn 2005)
20.07H Limitation on Non-Economic Damages where Plaintiff Claims Severe Permanent Physical Impairment and Severe Disfigurement,
and there are no Claims by Additional Plaintiffs for Non-Economic Losses (such as Claims for Loss of Consortium)
[Actions Accruing on or after August 7, 1997] (Withdrawn 2005)
20.07I Limitation on Non-Economic Damages where Plaintiff does not Claim Severe Permanent Physical Impairment or Severe Disfigurement,
and there are Claims by Additional Plaintiffs for Non-Economic Losses Arising from the Same Injury
(such as Claims for Loss of Consortium) [Actions Accruing on or after August 7, 1997] (Withdrawn 2005)
20.07J Limitation on Non-Economic Damages where Plaintiff Claims Severe Permanent Physical Impairment, and there are Claims by
Additional Plaintiffs for Non-Economic Loss Arising from the Same Injury (such as Claims for Loss of Consortium)
[Actions Accruing on or after August 7, 1997] (Withdrawn 2005)
20.07K Limitation on Non-Economic Damages where Plaintiff Claims Severe Disfigurement, and there are Claims by Additional Plaintiffs for
Non-Economic Loss Arising from the Same Injury (such as Claims for Loss of Consortium)
[Actions Accruing on or after August 7, 1997] (Withdrawn 2005)
20.07L Limitation on Non-Economic Damages where Plaintiff Claims Severe Permanent Physical Impairment and Severe Disfigurement,
and there are Claims by Additional Plaintiffs for Non-Economic Loss Arising from the Same Injury
(such as Claims for Loss of Consortium) [Actions Accruing on or after August 7, 1997] (Withdrawn 2005)
20.08 Injury to Minors (Withdrawn 1990)
20.13 Taking Severable Materials From Land (Withdrawn 1990)
Taking Plants When Treble Damages are Claimed (Withdrawn 1990)
20.14 Present Value Table (1990)
20.20 Punitive Damages [Actions Accruing on or after June 11, 1986 and before August 7, 1997] (Withdrawn 2008)

ARTICLE 21. Bailments (Revised 2015)

21.01 Negligent Bailment - When Plaintiff Entitled to Recover
21.02 Negligent Bailment - Negligence Defined
21.03 Negligent Bailment - Substantial Factor
21.04 Negligent Bailment - Affirmative Defenses

ARTICLE 23. Legal Relationships (Revised 2018)

23.01 Employer Liability – Employee – General Rule
23.02 Employer Liability – Employee – Course and Scope of Employment
23.03 Employer Liability – Employee – Status as Employee
23.04 Employer Liability – Independent Contractor – General Rule
23.05 Employer Liability – Independent Contractor – Retained Control
23.06 Employer Liability – Independent Contractor –Dangerous Work
23.07 Employer’s Liability – Aided-in-Agency Theory
23.08 Liability of Principal – Agent with Apparent Authority
23.09 Liability of Principal – Ratification of Agent’s Conduct
23.10 Liability of Principal – Agent with Actual Authority
23.11 Liability Based on Partnership, Where the Partnership Relationship is Disputed
23.12 Liability Based on Partnership, Where the Partnership Relationship is Admitted

ARTICLE 24. Contracts (Revised 2022)

24.00 Introductory Use Note and Comment (Withdrawn 2022)
24.00A Breach of Contract – Introductory Instruction / Basic Elements (2022)
24.00B Breach of Contract – Introduction Additional Elements and Affirmative Defenses (2022)
24.01A Existence of a Contract Disputed (Revised 2022)
24.01B Promissory Estoppel (Revised 2022)
24.01C Existence of Disputed Terms (Revised 2022)
24.02 Modification of a Contract (Revised 2022)
24.03 Breach of Contract (Revised 2022)
24.04A Defendant's Anticipatory Breach by Repudiation - Unequivocal (Revised 2022)
24.04B Defendant's Anticipatory Breach by Repudiation - No Adequate Assurances (Revised 2022)
24.04C Plaintiff's Anticipatory Breach by Repudiation - Unequivocal (Revised 2022)
24.04D Plaintiff's Anticipatory Breach by Repudiation - No Adequate Assurances (Affirmative Defense) (Revised 2022)
24.05A Existence of Condition Precedent (Revised 2022)
24.05B Failure of Condition Precedent (Revised 2022)
24.05C Existence and Failure of Condition Precedent (Revised 2022)
24.06 Substantial Performance (Revised 2022)
24.07 Implied Warranty - Construction (Revised 2022)
24.08A Affirmative Defense Generally (Withdrawn 1994)
24.08B Affirmative Defense - Frustration of Purpose (Revised 2022)
24.08C Affirmative Defense - Impracticability/Impossibility of Performance (Revised 2022)
24.08D Affirmative Defense - Duress (Revised 2022)
24.08E Affirmative Defense to Formation of Contract - Fraud or Misrepresentation (Revised 2022)
24.08F Ratification by Affirmable or Delay (Revised 2022)
24.08G Affirmative Defense -Waiver By Election (Revised 2022)
24.09A Damages for Breach of Contract (Revised 2022)
24.09B Employee's Damages for Breach of Employment Contract for Specified Term (Revised 2022)
24.09C Employee's Damages for Breach of Employment Contract for Unspecified Term (Revised 2022)
24.09D Owner's Damages for Breach of Construction Contract by Incomplete or Defective Performance (Revised 2022)
24.09E Builder's Damages for Substantial But Not Complete Performance (Revised 2022)
24.09F Builder's Damages for Owner's Breach of Construction Contract (Revised 2022)
24.09G Damages for Breach of Covenant Not to Compete (Revised 2022)
24.09H Breach of Contract/Reliance Damages (2022)
24.10A Avoidable Consequences (Revised 2022)
24.10B Expenses Paid to Avoid Losses (2022)
24.11 Nominal Damages (Revised 2022)
24.12A Restitution (Promissory Estoppel) (Withdrawn 2022)
24.12B Liability for Restitution and Measure of Restitution Damages to Defaulting Plaintiff (Revised 2022)
24.12C Restitution Based on Quasi-Contract or Implied Contract (2022)
24.13 Reserved
24.14 Reserved
24.15A Breach of Covenant of Good Faith and Fair Dealing - Commercial Transactions (Revised 2022)
24.15B Breach of Covenant of Good Faith and Fair Dealing – Employment (2022)

ARTICLE 26. Will Contests (Revised 1995)

26.01 Statement of the Case and Definition of a Will
26.02 Identification of the Parties (Maker, Supporter, Challenger)
26.03 Withdrawn 1995
26.04 Execution of Ordinary Attested Will (Other Than Holographic or Nuncupative Will)
26.05 Execution of a Holographic Will
26.06 Execution of a Nuncupative Will for Mariner or Soldier (Spoken Will)
26.07 Testamentary Capacity
26.08 Testamentary Capacity (Insane Delusions)(Use Note and Comment Only)
26.09 Testamentary Intent (Withdrawn 1995)
26.10A Undue Influence
26.10B Presumption of Undue Influence
26.11 Fraud (Use Note and Comment Only)
26.12 Contract to Make a Will (Use Note and Comment Only)

ARTICLE 27. Eminent Domain (Revised 2019)

27.01 Legal Right to Take - Just Compensation
27.02 Fair Market Value
27.04 Valuation of Improved Property
27.06A Severance Damages No Cost of Cure Issue
27.06B Severance Damages Cost of Cure Issue
27.07 Compensation for Taking an Easement
27.08 Damage to Personal Property
27.09 Temporary Lost Profits
27.10 Leasehold Interest
27.11A Verdict Form: Severance Damages, with No Special Benefit Issues and No Cost of Cure Issues
27.11B Verdict Form: Severance Damages, with Cost of Cure Issues, but No Special Benefit Issues
27.11C Verdict Form: Severance Damages, with Special Benefit Issues and No Cost of Cure Issues
27.11D Verdict Form: Severance Damages, with Special Benefit Issues and Cost of Cure Issues

Withdrawn Instructions

27.00 No Instruction (Use Note and Comment Only) (Withdrawn 2019)
27.06 Severance Damages (Withdrawn 2019)
27.07A Easement - Definition (Withdrawn 2019)
27.07B Easement - Nominal Damages (Withdrawn 2019)
27.11 Just Compensation Special Verdict Form (Withdrawn 2019)

ARTICLE 30. Landlord-Tenant (Revised 1987)

30.00 Landlord-Tenant - Introductory Use Note & Comment (Revised 1987)