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Preliminary Materials

Arkansas Supreme Court Committee On Jury Instructions—Civil

Ark. Model Jury Instr., Civil Preliminary Materials
Arkansas Model Jury Instructions--Civil
December 2017 Update
Arkansas Supreme Court Committee On Jury Instructions—Civil
Preliminary Materials
What’s New in the 2018 Edition
New material in the 2018 Edition of Arkansas Practice Series, Model Jury Instructions—Civil includes:
  • • Updates to AMI 201 – Issues—Case Submitted on Interrogatories (revised comment)
  • • Updates to AMI 203 – Issues—Claim for Damages Based on Negligence—Burden of Proof (revised comment)
  • • Updates to AMI 307 – Issues—Nonparty Fault (revised comment)
  • • Updates to AMI 425 – Issues—Claim for Damages Based Upon Conversion of Personal Property (revised note on use)
  • • Updates to AMI 1501 – Duty of Physician, Surgeon, Dentist or Other Medical Care Provider (revised comment)
  • • Updates to AMI 1504 – Duty of Hospital, Sanitarium, or Nursing Home (revised comment)
  • • Updates to AMI 2206 – Measure of Damages—Loss of Earnings or Profits—Past and Future (revised comment)
  • • Updates to AMI 2301 – Issues—Claim for Uninsured Motorist Coverage—Burden of Proof (revised comment)
  • • Updates to AMI 2436 – Defense—Waiver—General Rule (revised comment)
  • • Updates to AMI 2445 – Issues—Unjust Enrichment—Restitution Implied in Fact (revised comment)
  • • Updates to AMI 2900 – Issues—Claim for Damages Based on Deceptive Trade Practices (revised instruction and comment)
  • • Updates to AMI 2901 – Definitions—Deceptive Trade Practices (revised instruction and comment)
  • • Updates to AMI 2902 – Issues—Claim for Damages Based on Deception, Fraud, or False Pretense and Concealment, Suppression, or Omission of Material Facts in Sales Transaction (revised instruction and comment)
PREFACE
The Committee dedicates the 2018 edition to Donald P. Judges, who leaves us next year. Don resigns his position as the Committee’s Reporter to focus on his new role as Vice Provost for Distance Education and leader of the University of Arkansas’s Global Campus. We wish him well, but take this opportunity to reflect on how much Don has meant to this Committee.
Don has served on this Committee for the past eighteen years. His service started in 1999, in an advisory role. In 2003, the Arkansas Supreme Court formalized Don’s role, naming him Reporter. To say that Don has been an “active” member, while true, understates his contribution. Through his steadfast dedication, hard work, and leadership, Don leaves an indelible mark on the civil jury instructions, the Committee members fortunate to have served with him, and the Arkansas trial bar.
Don has worked tirelessly to make our civil jury instructions better. He played a vital role in the Committee’s work. Even when Don was not assigned to work on a project directly, more often than not he made important contributions, such as spotting latent issues requiring further development, pointing out the unstated impact on other instructions, or making suggestions to simplify or improve a draft. When the Committee struggled, Don provided reliable leadership, whether guiding us through difficult discussions, drawing on his institutional memory to educate us on the background of a particular issue, gently refocusing us, or explaining an overlooked aspect of an issue. When Don spoke, we listened and learned.
Don consistently exemplified the qualities that make the Committee function at its best, including: (1) a completely nonpartisan approach; (2) transparency in its work; (3) a desire to create the best possible product and the willingness to put in the hard work required to realize that desire; and (4) the ability to see the forest and not just the trees. Moving forward, the Committee will do well to heed Don’s example.
Anyone who relies on the AMI-Civil in his or her practice owes Don a sincere thank you for his years of dedicated and invaluable service. Several past Committee Chairs wanted to pass along their thanks:
It was my great pleasure to serve with Don Judges on the Committee. Don fully appreciates that the AMI serves both lawyers and jurors. Don brought academic rigor to the process of drafting comments and his persistence in looking for a way to reconcile and explain seemingly irreconcilable opinions has made the comments sections a great resource for the Bar. Likewise, Don was a champion in ensuring that the instructions were not only correct, but also understandable to a juror unversed in legalese. For me, Don’s dedication to civility in the process of “finding” and describing the law set the standard for what it means to be a member of the Committee. If one of my assignments needed more work (and it invariably did), Don’s gentle questions and respectful comments unfailingly led to a collegial give and take that allowed the Committee to reach consensus and, ultimately, produce a quality product. And that is what I will always admire the most about Don.
- Steve Lancaster (Chair 2015-2016)
I would like to thank you, Don, for almost two decades of dedicated service to the AMI-Civil Committee. During my six years on the Committee, I recall no substantive change to the model instructions, notes on use, or the comments that were not improved by your contributions. Your industry and commitment to excellence elevated every aspect of the Committee’s work, including, notably, the discourse at meetings, the analysis of the issues and the scholarship of the finished product. You approached the model instructions as though they were the most important facet of the law – and they are. In trials before juries, the only law that matters is the law given the jury. Because of your service to the Committee, that law has been clarified, simplified, and greatly improved. The Bar of this state will be in your debt for decades to come.
- Roger Rowe (Chair 2013-2014)
Don Judges was an invaluable member of the Committee throughout the years that we served together. When he spoke, the entire Committee listened, and learned. The AMI benefitted greatly from his insightful analysis of developments in the law, his diligence, and his devotion to the mission of the Committee. I am particularly grateful for his contributions to the cautionary instructions in the ongoing effort to ensure fair trials given the widespread use of electronic devices. Thank you, Don, for your many years of dedicated service to the bench and bar through your work on the Committee.
- Teresa Wineland (Chair 2011-2012)
Don, you brought needed scholarship to the important task of explaining the law to jurors, but you always did so with an eye toward making simple what seemed complex. During the time I was a member of the committee, you greatly enhanced the comments, giving practitioners a guide to the law applicable to each instruction. I am grateful for your invaluable assistance.
- William A. Waddell, Jr. (Chair 2006-2008)
Don Judges, we thank you!
Finally, my service on the Committee also ends with this edition. I am truly grateful for the experience. I am better – professionally and personally – for it.
Edie R. Ervin, Chair
Arkansas Supreme Court
Committee on Model Jury Instructions-Civil
November 2017
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