Free Proposed Jury Instructions - District Court of Arizona - Arizona

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John E. Karow, SBN 014200 LAW OFFICE OF JOHN E. KAROW 11350 North 104th Place Scottsdale, Arizona 85259 (480) 391-2236 (480) 391-0132 Attorneys for Defendant

IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Defendant. _____________________________________ LINDA HINTON, an individual, Plaintiff, vs. PROGUARD SECURITY, an Arizona corporation, ) ) ) ) ) ) ) ) ) ) ) No. CIV 03-1985-PHX-SRB

JOINT PROPOSED JURY INSTRUCTIONS (Assigned to the Hon. Susan R. Bolton)

Defendant ProGuard Security in accord with the Court's order dated September 14, 2005, requests that the Court give the following Ninth Circuit Model Jury Instructions: PRELIMINARY INSTRUCTIONS Ninth Circuit Model Instruction No. 1.1: Duty of Jury. Ninth Circuit Model Instruction No. 1.2: Claims and Defenses (as customized to this case; see attached). Ninth Circuit Model Instruction No. 1.3: What Is Evidence. Ninth Circuit Model Instruction No. 1.4: What Is Not Evidence. Ninth Circuit Model Instruction No. 1.5: Evidence for Limited Purpose. Ninth Circuit Model Instruction No. 1.6: Direct and Circumstantial Evidence. Ninth Circuit Model Instruction No. 1.7: Ruling on Objections. Ninth Circuit Model Instruction No. 1.8: Credibility of Witnesses.

Case 2:03-cv-01985-SRB

Document 65

Filed 09/26/2005

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Ninth Circuit Model Instruction No. 1.9: Conduct of Jury. Ninth Circuit Model Instruction No. 1.10: No Transcript Available to Jury. Ninth Circuit Model Instruction No. 1.11: Taking Notes. Ninth Circuit Model Instruction No. 1.12: Outline of Trial. Ninth Circuit Model Instruction No. 1.13: Burden if Proof: Preponderance of the Evidence. Ninth Circuit Model Instruction No. 1.15: Question to Witnesses by Jurors. INSTRUCTIONS DURING TRIAL Ninth Circuit Model Instruction No. 2.1: Cautionary Instruction: First Recess. Ninth Circuit Model Instruction No. 2.2: Bench Conferences and Recesses. INSTRUCTIONS AT END OF CASE Ninth Circuit Model Instruction No. 3.1: Duties of Jury to Find Facts and Follow

Ninth Circuit Model Instruction No. 3.2: What Is Evidence. Ninth Circuit Model Instruction No. 3.3: What Is Not Evidence. Ninth Circuit Model Instruction No. 3.5: Direct and Circumstantial Evidence. Ninth Circuit Model Instruction No. 3.6: Credibility of Witnesses. Ninth Circuit Model Instruction No. 3.7: Opinion Evidence, Expert Witness. Ninth Circuit Model Instruction No. 3.10: Charts and Summaries as Evidence. Ninth Circuit Model Instruction No. 3.12: Impeachment Evidence ­ Witness. CONCLUDING INSTRUCTIONS; JURY DELIBERATIONS Ninth Circuit Model Instruction No. 4.1: Duty to Deliberate. Ninth Circuit Model Instruction No. 4.2: Use of Notes. Ninth Circuit Model Instruction No. 4.3: Communication With Court. Ninth Circuit Model Instruction No. 4.4: Return of Verdict. Ninth Circuit Model Instruction No. 4.5: Additional Instructions of Law (see 2 Case 2:03-cv-01985-SRB Document 65 Filed 09/26/2005 Page 2 of 4

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DEFENDANT'S SEPARATE PROPOSED NON-MODEL INSTRUCTION NO. 1 CLAIMS AND DEFENSES (As customized to this case) To help you follow the evidence, I will give you a brief summary of the positions

4 of the parties: 5 Ms. Hinton claims that ProGuard rejected her request for a work place 6 accommodation after her return from a job related injury. 7 ProGuard claims that it offered Ms. Hinton more than one assignment that would 8 be responsive to her request for an accommodation. 9 Ms. Hinton claims she has been damaged. ProGuard denies that Ms. Hinton 10 has been damaged. 11 12 13 14 15 16 SOURCE: 17 18 GIVEN: ________ 19 20 21 22 23 24 25 26 REFUSED: _________ MODIFIED: __________ Ninth Circuit Model Civil Jury Instructions, 1.2.

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