IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800)OCOCMBAG¶
JEFFREY EPSTEIN,¶
Plaintiff, vs.¶
SCOTT ROTHSTEIN individually, J. individually, and L.M.,¶
Defendant,¶
C¶
P I% DEFENDANT/COUNTER-PLAINTIFF'S SUPPLEMENT TO PROPOSED JURY INSTRUCTIONS AND VERDICT FORM¶
Defendant/Counter-Plaintiff, J. Edwards, by and through undersigned counsel, hereby files his Supplement to Proposed Jury Invoftions and Verdict Form, and as grounds therefor states as follows:¶
-
- On November 9, 2QJ7 Ed ids filed his Proposed Jury Instructions and Verdict Form.
-
- pleading: likce ,poir reby aids the following additional proposed jury instruction to that
Federal Rule of Evidence 415 and Florida Statute 90.404 provide that in a civil case involving a claim for relief based on a party's alleged sexual assault or child molestation, the Court may admit evidence that the party committed any other sexual assault or child molestation.¶
As a consequence of thoese ,' visions in both federal and state law, proper pretrial discovery by in the civil lawsuits against Jeffrey Epstein was not limited to the investigation of the offenses alleged to have been committed by Jeffrey Epstein against the three clients represented by . The law expressly allowed Mr. to conduct discovery of and to fully investigate any other sexual assault or child molestation which may have been committed by Jeffrey Epstein.¶
to all Counsel on the attached list, this day of )064 , 2017. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent ; ' E-Serve¶
OLA¶
No.: 16944¶
A -Mail(s): @searcylaw m)¶
ary E-Mail:-_scarolateam@searcylaw.com¶
Searcy Denney Scarola Barnhart & Shipley, P.A.¶
2139 Palm Beach Lakes Boulevard¶
West Palm Beach, Florida 33409¶
Pho e: (561) 686-6300¶
F 561-383-9451¶
ys for J.¶
I=IIIADV. EPSTEIN¶
Case No.: 502009CA040800YJOaMBAG¶
Defendant/Counter-Plaintiff's Supplement to Proposed Jury Instructions and Verdict Form¶
Page 2 of 3¶
ADV. EPSTEIN¶
Case No.: 502009CA0408003OOOCMBAG¶
Defendant/Counter-Plaintiff's Supplement to Proposed Jury Instructions and Verdict Form¶
Page 3 of 3¶
COUNSEL LIST¶
Scott J. Link, Esq.¶
Link & Rockenbach, P.A.¶
KaraelinIcrocklaw.com¶
1555 Palm Beach Lakes Boulevard¶
Suite 301¶
West Palm Beach, FL 33401¶
Phone: 561-727-3600¶
Fax: 561-727-3601¶
Attorneys for Jeffrey Epstein¶
William ChesterME, Esquire¶
wcblaw@aol.com; wcblawasst@gmail.com¶
250 S Australian Avenue, Suite 1400¶
West Palm Beach, FL 33401¶
Phone: (561)-655-4777¶
Fax: (561)-835-8691¶
Attorneys for Jeffrey Epstein¶
Jack A. Goldberger, Esquire¶
Atterbury Goldberger & Weiss, P.A.¶
250 Australian Avenue S, Suite 1400¶
West Palm Beach, FL 33401¶
Phone: (561)459-8300¶
Fax: (561 -80-8691¶
Attorneys Neffiey Epstein¶
Nichole J>$egal, Esquire¶
Burlington & Rockenbach, P.A.¶
444 W Railroad Avenue, Suite 350¶
West Palm Beach, FL 33401¶
Phone: (561)-721-0400¶
Attorneys for J.¶
Esquire¶
staff.efile@pathtojustice.com¶
425 N Andrews Avenue, Suite 2¶
Fort Lauderdale, FL 33301¶
Phone: (954)-524-2820¶
Fax: (954)-524-2 Z¶
Fred HaddadrEsqu¶
Fred Haddad, P.A.¶
One Financial Plaza, Suite 2612¶
Fort Lauderdale, FL 33394¶
Phone: (954)-467-6767¶
Fax: (954)-467-3599¶
Attorneys for Jeffrey Epstein¶
Tonja Haddad Coleman, Esquire¶
Tonja Haddad, P.A.¶
315 SE 7th Street, Suite 301¶
Fort Lauderdale, FL 33301¶
Phone: (954)-467-1223¶
Fax: (954)-337-3716¶
Attorneys for Jeffrey Epstein¶
Marc S. Nurik, Esquire¶
One E Broward Blvd., Suite 700¶
Fort Lauderdale, FL 33301¶
Phone: (954)-745-5849¶
Fax: (954)-745-3556¶
Attorneys for Scott Rothstein¶
NOT A CERTIFIED COPY¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502009CA040800XXXXMBAG¶
JEFFREY EPSTEIN,¶
Plaintiff,¶
vs.¶
SCOTT ROTHSTEIN individually,¶
J. , individually, and L.M., individually,¶
Defendant,¶
raS¶
DEFENDANT/COUNTER-PLAINTIFF'S SECOND SUPPLEMENT TO PROPOSED AIRY INSTRUCTIONS AND VERDICT FORM¶
Defendant/Counter-Plaintiff, • hereby files his Second Supplement to grounds therefor states as follows: J. Edwards, by and through undersigned counsel, Proposed Jury Instructions and Verdict Form, and aS¶
-
- On November 9, 2017, ( Form.
-
- On Novanbez 14, 2017, filed his Proposed Jury Instructions and Verdict filed his Supplement to Proposed Jury Instructions and Verdict Form, which added an additional proposed jury instruction based upon Federal Rule 'of Evidence 415 and Florida Statute Section 90.404. to Liabos v. Harman, 215 So. 2d 487, 489-90 (Fla. 2d DCA 1968) (copy attached): hereby adds the following additional proposed jury instruction, pursuant
In order for probable cause to exist on the part of Jeffrey Epstein, the facts known to Jeffrey Epstein must be such that a prudent man would set in motion the filing of a civil lawsuit. Where, however, it would appear to a cautious man that further investigation is justified before filing a civil lawsuit, then the failure to perform that additional investigation may form the basis to conclude that such person lacked probable cause to file the civil lawsuit.¶
- [REDACTED] further adds the following additional proposed jury instruction:
Jeffrey Epstein has conceded and does not dispute that he filed the Complaint at issue against LM, Scott Rothstein, and [REDACTED] on December 7, 2009, and he continued to prosecute claims against [REDACTED] until he voluntarily dismissed those claims on August 16, 2012.¶
In determining what Jeffrey Epstein's intention was at the time he filed and prosecuted claims against [REDACTED], the law presumes that he intended the natural and probable consequences of his acts. Accordingly, if you find that Jeffrey Epstein filed and prosecuted false claims against [REDACTED] then he is presumed to have intended to file and prosecute false claims, unless that presumption is rebutted by other evidence.¶
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 1st day of December, 2017.¶
Florida Bar No.: 169440¶
Attorney E-Mail(s): jsx@searcylaw.com; and
mmccann@searcylaw.com¶
Primary E-Mail: scarolateam@searcylaw.com¶
Searcy Denney Scarola Barnhart & Shipley, P.A.¶
2139 Palm Beach Lakes Boulevard¶
West Palm Beach, Florida 33409¶
Phone: (561) 686-6300¶
Fax: 561-383-9451¶
Attorneys for [REDACTED] J. [REDACTED]¶
ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Defendant/Counter-Plaintiff's Second Supplement to Proposed Jury Instructions and Verdict Form Page 3 of 3¶
COUNSEL LIST¶
Scott J. Link, Esq. Link & Rockenbach, P.A. Scott@linkrocklaw.com KaraQIinlcrocklaw.com 1555 Palm Beach Lakes Boulevard Suite 301 West Palm Beach, FL 33401 Phone: 561-727-3600 Fax: 561-727-3601 Attorneys for Jeffrey Epstein¶
Jack A. Goldberger, Esquire jgoldberger@agwpa.com; smahoney@agwpa.com Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein¶
Nichole J. Segal, Esqui njs®FLAppellateLaw.co kbt@FLAppellateLaw.co Burlington & Rockenbach, P.A. 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Attorneys for J.¶
J. Esquire staffefile@pathtojustice.com 425 N Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822¶
Marc S. Nurik, Esquire marc@,nuriklaw.com One E Broward Blvd., Sui Fort Lauderdale, FL 33 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scestein¶
215 S0.24:1487 District Court of Appeal of Florida, Second District.¶
Beverly LIABOS, as Administratrix of the Estate of P. Liabos, Deceased, Appellant,¶
v. Gale HARMAN, Robert Teates, and Publix Super Markets, Inc., Appellees.
¶
¶No. 68-6.
Oct. 26, 1968.¶
As Modified on Rehearing Nov. 27, 1968.¶
Action for malicious prosecution. The Circuit Court for Sarasota County, Robert E. Willis, J., granted summary judgment for the defendant store owner and his employees and the plaintiff appealed. The District Court of Appeal, Liles, Chief Judge, held that material issue of fact as to whether employees of store had probable cause for signing affidavit charging plaintiff with issuing worthless checks precluded grant of summary judgment.¶
Reversed and remanded.¶
West Headnotes (6)¶
pi Malicious Prosecution¶
e.- Nature and Elem Prosecution in General of Malicious¶
An action f maliciotf5 prosecution lies where a ci 1 o criminal proceeding has been comme the defendant against the plaintiff, s proceeding terminated in favor of the plaintiff, defendant did not have probable cause for commencing such prosecution, malice was present and plaintiff suffered damage.¶
4 Cases that cite this headnote¶
121 Malicious Prosecution¶
43.. Probable Cause¶
Lack of probable cause by defendant to commence original civil or criminal judicial proceeding is mixed question of law and fact in malicious prosecution action.¶
2 Cases that cite this headnote¶
l3l Malicious Prosecution¶
e- Probable Cause¶
When facts relied on by plaintiff in malicious prosecution action to prove ludic[ probable cause on part of defendantareip dispute, their existence is to be determined by jury.¶
bead >-7 I Cases that cite thiscbeadnOte¶
141 Malicious Proseadia¶
Ci• P IA* Cause¶
Of facts relied upon by plaintiff in rosecution action to prove lack of cause is question for the trial court.¶
that cite this headnote¶
Malicious Prosecution¶
(7- Grounds in General¶
"Probable cause" is a reasonable ground for suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in belief that person accused is guilty of offense with which he is charged.¶
6 rage% that cite this headnote¶
161 Judgment¶
4— Tort Cases in General¶
Material issue of fact as to whether employees of store had probable cause for signing affidavit charging plaintiff with issuing worthless checks precluded grant of summary judgment in malicious prosecution action against the store owner and the employees.¶
3 Cases that cite this headnote¶
Attorneys and Law Firms¶
*487 John C. Dent, Jr., and Herb Blessing, of Lee & Blair, Sarasota, for appellant.¶
David S. Yost, of Cramer, S Ginsburg & Sarasota, for appellees.¶
Opinion¶
LILES, Chief Judge.¶
Liabos, the deceased appellant, was arrested on warrants charging him with the crime of issuing worthless checks. The warrants were issued upon affidavits signed by appellees, Gale Harman and Robert Teates, both of whom were employed by Publix Super Markets, Inc., and both of whom were acting within the scope of their employment. Harman and Teates acted after several fellow employees visually identified Liabos as the individual who had passed a number of worthless checks in Publix stores. Neither appellee, however, *488 was an eye-witness to the passing of the checks; both acted solely upon information given them by others and apparently overlooked or ignored certain information casting a large measure of doubt on their conclusion regarding Liabos. They investigated Liabos' reputation with the Publix store in his community, for example, and found that he was considered to be both trustworthy and-honest. In addition, they found that he was gainfully employed, and considered trustworthy by his empl M.. Further. they that while the ficulprit wore found that he drove a different car fr& that ascribed to the bad check artist, and glasses, Liabos did not.¶
Despite these discrepan', appals signed the affidavits and Liabos was arrested.ite was allowed to post bond, but only after he was detained in the custody of the police for several hours. The following day one Jess Leland was arrested and confessed to passing the worthless checks in question, whereupon Liabos was released from bond and the charge against him was dropped.¶
Appellant subsequently brought this suit for malicious prosecution against Harman, Teates, and Publix Super Markets, Inc. Appellees filed a motion for summary judgment, which the trial court granted, and this appeal ensued. Thereafter Liabos died and his wife, as his administratrix, was substituted for him in this proceeding.¶
The issue before us is whether the court properly granted defendant-appellees a summary judgment in light of the (acts disclosed.¶
- Ill It is well established in Florida that an action for malicious prosection lies where the following elements concur:
-
- the commencement or continuance of an original civil or criminal judicial proceeding;
-
- its legal causation by the present defy d nt against the plaintiff; rill% 3) its bona fide termination ' plaintiff;
-
- the absence of prob le calligir such prosecution;
-
- the presence lice; d
-
- damage- confornabig to legal standards resulting to plain
Duval Jewelry Co. v. 1931, 102 Fla. 717, 136 So. 878, 880; Bros. Real Estate & Inv. Co. v. 1926, 92 Fla. 278, 109 So. 623; Wilson v. O'Neal, Fla.App.1960, 118 So.2d 101; W. Prosser, Torts s 113 (3d cd. 1964). There is no doubt, and it is not seriously disputed, that five of these elements exist in the instant case. The only real controversy concerns whether or not the appellees had probable cause to institute the criminal proceedings against Liabos.¶
121 13) 14) It should first be noted that the lack of probable cause is a mixed question of law and fact. Cold v. Clark, Fla.App.1965, 180 So.2d 347. That is to say, when the facts relied on to prove a lack of probable cause are in dispute, their existence is to be determined by the jury as a question of fact. Their legal effect, on the other hand, is to be determined by the court, but oniyAter these facts are admitted or found to be true. v. Bryson, 1927, 94 Fla. 1165, 115 So. 505; Cold v. Clark,supra. 151 Probable cause has been properly defined as: 'A reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief¶
that the person accused is guilty of the offense with which he is charged.'¶
Dunnavant v. State, Fla.1950, 46 So.2d 871, 874; see also Thompson v. Taylor, Fla.App.1966, 183 So.2d 16, 19; Cold v. Clark, Fla.App.1965, 180 So.2d 347, 349. That is to say, in order for probable cause to exist thecountenance of the situation must be such that a prudent man would set in motion the forces of a criminal proceeding. And where it would appear to a 'cautious man' that further investigation is justified before *489 instituting that proceeding, then liability may attach for the failure to do so.¶
(6 Summary judgment in an analogous case was reversed in v. Food Fair Stores, North Dade, Inc., Fla.App.1963, 155 So.2d 836.¶
In the present case, a jury may well decide that further investigation was warranted by the facts. We therefore reverse the decision of the lower court and remand for action consistent with this opinion.¶
PIERCE and All Citations 215 So.2d 487 J.T., concur. 4 O S End of Document 0 2017 Thomson Reuters. No 1S C) C ( S e¶
U.S. Government Works.¶
NOT A CERTIFIED COPY¶
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR PALM BEACH COUNTY¶
Case No. 502009CA040800XXXXMBAG¶
JEFFREY EPSTEIN,¶
Plaintiff,¶
v.¶
SCOTT ROTHSTEIN, individually,
[REDACTED] J. [REDACTED], individually,
and L.M., individually,¶
Defendants,¶
_____/¶
DEFENDANT/COUNTER-PLAINTIFF'S PROPOSED JURY INSTRUCTIONS AND
VERDICT FORM¶
Defendant/Counter-Plaintiff, BRADLEY J. [REDACTED], by and through undersigned
counsel, hereby files his Proposed Jury Instructions and Verdict Forms for trial in the above-styled
matter.¶
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-
Serve to all Counsel on the attached list, this 9th day of November, 2017.¶
JACK SCAROLA
Florida Bar No.: 169440
Attorney E-Mail(s): jsx@searcylaw.com; and
mmccann@searcylaw.com
Primary E-Mail: scarolateam@searcylaw.com
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
Phone: (561) 686-6300
Fax: 561-383-9451
Attorneys [REDACTED] J. [REDACTED]¶
COUNSEL LIST¶
William Chester =, Esquire wcblaw@aol.com; wcblawasst@gmail.com 250 S Australian Avenue, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-655-4777 FaX: (561)-835-8691 Attorneys for Jeffrey Epstein¶
Jack A. Goldberger, Esquire 4414ak jgoldberger®agwpa.com; smahoney@agwpa.com 250 Australian Avenue S, Suite 1400 West Palm Beach, FL 33401 Atterbury Goldberger & Weiss, P.A. Fax:(561)835-8691 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein¶
CO¶
njs@FLAppellateLaw.com; kbt®FLAppellateLa Nichole J. Segal, Esquire Burlington & Rockenbach, P.A. 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Attorneys for J.¶
J. M, Esquire staff efile@pathtojustice.com Jaffe Weissing Edwards Ftstos & Lehrman, P.L. 425 N Andrews Avenue, rtre2 Fort Lauderdale, FL 3330 Phone: (954)-524-2820 Fax: (954)-524-2822¶
Fred HaddV3aquire Dee@rianaddadLaw.com; Fred@FredHaddadLaw.com Fred Haddad, P.A. One Financial Plaza, Suite 2612 Fort Lauderdale, FL 33394 Phone: (954)-467-6767 Fax: (954)-467-3599 Attorneys for Jeffrey Epstein¶
Tonja Haddad Coleman, Esquire tonja@tonjahaddad.com; efiling@tonjahaddad.com Tonja Haddad, P.A. 315 SE 7th Street, Suite 301¶
Fort Lauderdale, FL 33301
Phone: (954)-467-1223
Fax: (954)-337-3716
Attorneys for Jeffrey Epstein¶
Marc S. Nurik, Esquire
marc@nuriklaw.com
One E Broward Blvd., Suite 700
Fort Lauderdale, FL 33301
Phone: (954)-745-5849
Fax: (954)-745-3556
Attorneys for Scott Rothstein¶
NOT A CERTIFIED COPY¶
PROPOSED JURY INSTRUCTIONS¶
201.1 DESCRIPTION OF THE CASE¶
Welcome. The Clerk will now administer your oath.¶
Now that you have been sworn, I'd like to give you an idea about what we are here to do. This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies [or others, as appropriate], where the claims of one or more of these parties have been brought to court to be resolved. It is called "a trial of a lawsuit."¶
This case concerns whether Jeffrey Epstein had probable cause to sue Attorney [REDACTED] alleging that Mr. [REDACTED] had fabricated and exaggerated claims in civil lawsuits filed by [REDACTED] that three underage females had been repeatedly sexually molested by Jeffrey Epstein over a period of years as part of a pattern of molestations of dozens of underage females. According to Jeffrey Epstein's lawsuit, the reason Mr. Edwards falsely accused Epstein of sexual molesting these underage females was to knowingly assist in a criminal scheme to defraud investors out of hundreds of millions of dollars by committing a series of felonies in cooperation with convicted Ponzi schemer, Scott Rothstein. [REDACTED] contends that the lawsuits he filed on behalf of his 3 clients were well-founded that he, Mr. [REDACTED] was innocent of any wrongdoing. Jeffrey Epstein knew that Bradley [REDACTED] was innocent, and Jeffrey Epstein knew that he, Jeffrey Epstein, was guilty of sexually molesting Mr. [REDACTED] 3 clients and dozens of other underage females.¶
While Attorney [REDACTED] was prosecuting his clients' sexual abuse claims against Epstein, it was publicly disclosed that the senior partner in the Rothstein Rosenfeldt Adler law firm where Attorney [REDACTED] worked, Scott Rothstein, had conducted a fraudulent scheme which, in part, had used the fact that sexual abuse claims against Epstein were being prosecuted by the firm to induce investors to buy interests in non-existent settlements. Rothstein's scheme raised hundreds of millions of dollars and was one of the largest frauds in U.S. history.¶
Mr. Edwards further contends that Jeffrey Epstein filed suit against Attorney [REDACTED] for the sole purpose of attempting to intimidate Mr. [REDACTED] into abandoning or cheaply compromising his clients' claims. Epstein eventually settled the claims being prosecuted by Attorney [REDACTED] on behalf of his clients, the same claims that Epstein alleged in this lawsuit were fabricated, for approximately a total of $5.5 million.¶
Attorney [REDACTED] continued to defend against Epstein's lawsuit, challenging it on the grounds that it had no legal or factual support. Shortly before the Court was scheduled to rule on Mr. [REDACTED]'s challenge, Epstein dismissed all of his claims against Attorney [REDACTED]. Furthermore, Epstein allowed the statute of limitations to expire making it legally impossible for Epstein to bring any claims based on the conduct he sued upon in the original complaint. Yet while Epstein denies [REDACTED] claim for malicious prosecution, he has refused to answer any¶
uestions about the civil claims he says were fabricated or about the basis for claiming knowingly participated in a massive fraud.¶
The principal witnesses who will testify in this case are [TO BE COVERED DURING VOIR DIRE].¶
201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES¶
Judge/Court: I am the Judge. You may hear people occasionally refer t as "The Court." That is the formal name for my role. My job is to maintain order and de how o apply the rules of the law to the trial. I will also explain various rules to you t t ou II need to know in order to do your job as the jury. It is my job to remain neutral on th of this lawsuit.¶
Parties: A party who files a lawsuit is called the Plain ' that is sued is called the Defendant.¶
Attorneys: The attorneys have the job of re ntitIttheir clients. That is, they speak for their clients here at the trial. They have take ths attomeys to do their best and to follow the rules of their profession.¶
Plaintiff's Counsel: The alt n this side of the courtroom, Jack Scarola, represents and is the per n who filed the claim in dispute. I-lis job is to present his client's side of things to you. rola and his client will be referred to most of the time as "the plaintiff'. Mr. Swill you please introduce who is sitting at the table with you?¶
De e ant Counsel: The attorneys on this side of the courtroom, (introduce by name), repres y Epstein, the one who has been sued. His/Her job is to present his/her client's side of things to you. He/She and his/her client will usually be referred to here as "the defendant". (Attorney name), will you please introduce who is sifting at the table with you?¶
Court Clerk: This person sitting in front of me, (name), is the court clerk. He/She is here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of the trial.¶
Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter. His/Her job is to keep an accurate legal record of everything we say and do during this trial.¶
Bailiff: The person over there, (name), is the bailiff. His/Her job is to maintain order and security in the courtroom. The bailiff is also my representative to the jury. Anything you need or any problems that come up for you during the course of the trial should be brou ifftn,hitn/her. However, the bailiff cannot answer any of your questions about the case. 0 do that.¶
Jury: Last, but not least, is the July, which we will begin to n moments from among all of you. The jury's job will be to decide what the facts an at the facts mean. Jurors should be as neutral as possible at this point and hay t o ot opinion about the lawsuit.¶
1%, ? tall jurors must follow. A basic rule is that jurors must decide the case only on presented in the courtroom. You must not communicate with anyone, inclu ds and family members, about this case, the people and places involved, or your ce. You must not disclose your thoughts about this case or ask for advice on how t deci is case. In order to have a fair and lawful trial, there¶
I want to stress t t this ru e means you must not use electronic devices or computers to communicate abou this including tweeting, texting, blogging, e-mailing, posting information on ye or chat room, or any other means at all. Do not send or accept any messages to lr-froth anyone about this case or your jury service.¶
Yo u must not do any research or look up words, names, maps, or anything else that may have anything to do with this case. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else.¶
Many of you may have cell phones, tablets, laptops or other electronic devices with you here in the courtroom.¶
'You cannot have any cell phones, tablets, laptops, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate th anyone about the case or the people involved in the case. Do not take photographs, vid ngs or audio recordings of the proceedings or your fellow jurors. At the end oft ile you are deliberating, you must not communicate with anyone outside the jury om. meone needs to contact you in an emergency, the court can receive messages ode them to you without delay. A contact phone number will be provided to you.¶
What are the reasons for these rules? These 4osed because jurors must decide the case without distraction and only on th presented in the courtroom. If you investigate, research, or make inquiries o ur outside of the courtroom, the trial judge has no way to make sure that the info 'on obtain is proper for the case. The parties likewise have no opportunity to dispute r chat ge the accuracy of what you find. That is contrary to our judicial system, which ores every party the right to ask questions about and challenge the evidence being co 'dere ainst it and to present argument with respect to that evidence. Any independent t • nitl iga on by a juror unfairly and improperly prevents the parties from having that opportunt Li • icial system promises.¶
juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate¶
' Alternative B instruction.¶
these rules, you may be held in contempt of court, and face sanctions, such as serving time in jail, paying a fine or both.¶
All of your communications with courtroom personnel, or me, will be part of the record of these proceedings. That means those communications shall either be made in open court with the court reporter present or, if they are in writing, the writing will be filed with the court clerk. I have instructed the courtroom personnel that any communications you have with the of my presence must be reported to me, and I will tell the parties and theirep about any communication from you that I believe may be of interest to the panic and ' attorneys.¶
However, you may communicate directly with co u onnel about matters concerning your comfort and safety, such as juror parking, Aot c ft break areas, how and when to assemble for duty, dress, what personal items can be tiNtvg t 2 into the courthouse or jury room.¶
If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a ti to to the bailiff.¶
• • • 201.3 EXPLANATION OF THEEtil l ) E PROCESS¶
The last thing I want to o, be we begin to select the jury, is to explain to you how the selection process works. : This is the part of the case where the parties and their lawyers have the opportune ge o know a little bit about you, in order to help them come to their own conclusion your ability to be fair and impartial, so they can decide who they think should be the jur in this case.¶
How we go about that is as follows: First, I'll ask some general questions of you. Then, each of the lawyers will have more specific questions that they will ask of you. After they have asked all of their questions, I will meet with them and they will tell me their choices for jurors. Each side can ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or she might be unable to be fair and impartial. That is what is called a challenge¶
for cause. The lawyers also have a certain number of what are called peremptory challenges, by which they may exclude a person from the jury without giving a reason. By this process of elimination, the remaining persons are selected as the jury. It may take more than one conference among the parties, their attorneys, and me before the final selections are made.¶
Purpose of Questioning: The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs, but iti ' , .tant that v the parties an d their attorneys know enough about you to make this im tision. If a is asked that you would prefer not to answer in front of the w o e om, just let me know and you can come up here and give your answer just in fro the orneys and me. If you have a question of either the attorneys or me, don't hesitat ow.¶
Response to Questioning: There are no righ nswers to the questions that will be asked of you. The only thing that I ask is answer the questions as frankly and as honestly and as completely as you can. r w ke an oath to answer all questions truthfully and completely and you must do s e tng silent when you have information you should disclose is a violation of that If a juror violates this oath, it not only may result in having to try the case al ver again but also can result in civil and criminal penalties against a juror personally. agai it is very important that you be as honest and complete with your answers as y ib can. If you don't understand the question, please raise your hand and ask for an exptau or clarification.¶
In m, this is a process to assist the parties and their attorneys to select a fair and impartial jury. All of the questions they ask you are for this purpose. If, for any reason, you do not think you can be a fair and impartial juror, you must tell us.¶
202.1 INTRODUCTION¶
You have now taken an oath to serve as jurors in this trial. Before we begin, I am going to tell you about the rules of law that apply to this case and let you know what you can expect as the trial proceeds.¶
It is my intention to give you some of the rules of law but it might be that I wil not know for sure all of the law that will apply in this case until all of the evidence is prese ever, I can anticipate most of the law and give it to you at the beginning of the~tertl at you will better understand what to be looking for while the evidence is prese different or additional law applies to the case, I will tell you. 4 evidence I will give you the final instructions on which yo your verdict. At that time, you will have a complete written set of the instructio not have to memorize what I am about to tell you. ater decide that ent, at the end of the¶
The following are the rules of law o apply in this case.¶
[READ RELEVANT< Z ) IONS BEGINNING AT PG. 201¶
C.)¶
instruct you to consider. Evidence: Evidence is the information that the la this case. Evidence includes the testimony of the k w' u to see or hear in deciding uments, and anything else that I¶
Witnesses: A witness is a perso attorneys' questions for the jury. "giving testimony." Testimon to tell the truth. es an oath to tell the truth and then answers nng of attorneys' questions by witnesses is called tements that are made when someone has sworn an oath¶
202.2 EXPLANATION OF THE TRIAL PROCEDURE¶
Now that you have heard the law, I want to let you know what you can expect as the trial proceeds.¶
Opening Statements: In a few moments, the attorneys will each have a chance to make what are called opening statements. In an opening statement, an attorney is allowed t give you his/her views about what the evidence will be in the trial and what you are likely a nd hear in the testimony.¶
Evidentiary Phase: After the attorneys' opening statements theta s/ will bring their witnesses and evidence to you.¶
The plaintiff? lavlyer will normally question the witness first. That is called direct N examination. . R, n the defense lawyer may ask the same witness additional questions about whatever ess has testified to. That is called cross-examination. Certain documents or other evi ce may also be shown to you during direct or cross-examination. After the plaintiffs' witnesses have testified, the defendant will have the opportunity to put witnesses on the stand and go through the same process. Then the plaintiffs' lawyer gets to do cross-examination. The process is designed to be fair to both sides.¶
It is important that you remember that testimony come from witnesses. The attorneys do not give testimony and they are not themselves witnesses.¶
Objections: Sometimes the attorneys will disagree about the rules for trial procedure when a question is asked of a witness. When that happens, one of the lawyers may make what is called an "objection." The rules for a trial can be complicated, and there are many reaso s for the attorneys to object. You should simply wait for me to decide how to proceed. that an objection is "sustained", that means the witness may not answer the quest' ay that the objection is "overruled", that means the witness may answer the quest'C mustrtot11¶
When there is an objection and I make a decision, you e from that decision ,.. that I have any particular opinion other than that the rules f condting a trial are being correctly followed. If I say a question may not be asked or a ii4c:" u must not try to guess what the answer would have been. That is against the ru¶
Side Bar Conferences: Sometimes Will to speak to the attorneys about legal elements of the case that are not appropriate f e to hear. The attorneys and I will try to have as few of these conferences as possibl hile are giving us your valuable time in the courtroom. But, if we do have to have suc a conference during testimony, we will try to hold the conference at the side of my desk so at we not have to take a break and ask you to leave the courtroom.¶
Rece r ks in an ongoing trial are usually called "recesses". During a recess you still have y 'es as a juror and must follow the rules, even while having coffee, at lunch, or at home.¶
Instructions Before Closing Arguments: After all the evidence has been presented to you, I will instruct you on the law that you must follow. It is important that you remember these instructions to assist you in evaluating the final attorney presentations, which come next, and later, during your deliberations, to help you correctly sort through the evidence to reach your decision.¶
Closing Arguments: The attorneys will then have the opportunity to make their final presentations to you, which are called closing arguments.¶
Final Instructions: After you have heard the closing arguments, I will instruct you further in the law as well as explain to you the procedures you must follow to decide the case.¶
Deliberations: After you hear the final jury instructions, you will go to the jury oom and discuss and decide the questions I have put on your verdict form. You will have a e jury instructions to use during your discussions. The discussions you have and th O is you make are usually called "jury deliberations." Your deliberations are absolute ( 4ri nd neither I nor anyone else will be with you in the jury room.¶
k Verdict: When you have finished answering the qu 'on w" will give the verdict form to the bailiff, and we will all return to the courtroom, wh its y, verdict will be read. When that is completed, you will be released from your as a jury.¶
Finally, before we begin the trial, we you just a brief explanation of rules you must follow as the case proceeds.¶
Keeping an Open Mind: ou m~lst pay close attention to the testimony and other evidence as it comes into the trial. owever, you must avoid forming any final opinion or telling anyone else your views on the case until you begin your deliberations. This rule requires you to keep an open mind until you hake heard all of the evidence and is designed to prevent you from influencing how your fet-jOrors think until they have heard all of the evidence and had an opportunity to form their own opinions. The time and place for coming to your final opinions and speaking about them with your fellow jurors is during deliberations in the jury room, after all of the evidence has been presented, closing arguments have been made, and 1 have instructed you on the law. It is important that you hear all of the facts and that you hear the law and how to apply it before you start deciding anything.¶
Consider Only the Evidence: It is the things you hear and see in this courtroom that matter in this trial. The law tells us that a juror can consider only the testimony and other evidence that all the other jurors have also heard and seen in the presence of the judge and the lawyers. Doing anything else is wrong and is against the law. That means that you must not do any work or investigation of your own about the case. You must not obtain on your own any information about the case or about anyone involved in the case, from any source whifnoever. '1 '7 This includes reading newspapers, watching television or using a computer, , the Internet, any electronic device, or any other means at all, to get inform ton to this case or the people and places involved in this case. This applies whether ) are he courthouse, at home, or anywhere else. You must not visit places mentio 'n al or use the Internet to look at maps or pictures to see any place discussed d .Sc a¶
Do not provide any information about t anyone, including friends or family members. Do not let anyone, including th s roily members, make comments to you or ask questions about the trial. Jurors gt n have discussions of any sort with friends or family members about the case or the Al and places involved. So, do not let even the closest family members make comment o you or ask questions about the trial. In this age of electronic communication, I c t to s s again that just as you must not talk about this case face-to-face, you must not tat bod1.. this case by using an electronic device. You must not use phones, tablets, computers electronic devices to communicate. Do not send or accept any messages related to is case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an Internet website, chat room or blog.¶
No Mid-Trial Discussions: When we are in a recess, do not discuss anything about the trial or the case with each other or with anyone else. If attorneys approach you, don't speak with them. The law says they are to avoid contact with you. If an attorney will not look at you or speak to you, do not be offended or form a conclusion about that behavior. The attorney is not supposed¶
to interact with jurors outside of the courtroom and is only following the rules. The attorney is not being impolite. If an attorney or anyone else does try to speak with you or says something about the case in your presence, please inform the bailiff immediately.¶
Only the Jury Decides: Only you get to deliberate and answer the verdict questions at the end of the trial. I will not intrude into your deliberations at all. I am required to be neutral. You should not assume that I prefer one decision over another. You should not try t ess-,at my opinion is about any part of the case. It would be wrong for you to conclude ing I say or do means that I am for one side or another in the trial. Discussing an he facts is your job alone.¶
202.3 NOTE-TAKING BY JURORS¶
If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually.¶
You will be provided with a note pad and a pen for use if you wish to take notes. My notes that you take will be for your personal use. However, you should not take them with yo from the courtroom. During recesses, the bailiff will take possession of your notes and wi em to you when we reconvene. After you have completed your deliberations, the b O eliver your notes to me. They will be destroyed. No one will ever read your notes.¶
If you take notes, do not get so involved in note-taking th e distracted from the proceedings. Your notes should be used only as aids to yo¶
Whether or not you take notes, you should relrS s o fr" memory of the evidence and you should not be unduly influenced by the notes o AiiIrASs,r ' fors. Notes are not entitled to any greater weight than each juror's memory of the e¶
sufficient time to write the question on a piece of pa pass it to me. Do not put your name on the qu You also may have a question you think should be asked of a nes 0. , there is a way for you to request that I ask the witness a question. After all CS th om have completed their questioning of the witness, you should raise your hand if y t 0,2 a uestion. I will then give you Sicd and give it to the bailiff, who will it to anyone or discuss it with anyone.¶
I will then review the question w may be considered by a jury in dete that control the attorneys' ques meys. Under our law, only certain evidence erdict. You are bound by the same rules of evidence ecide that the question may not be asked under our rules of evidence, I will tell you. Othenvise, I will direct the question to the witness. The attorneys may then ask follow-up \s questions if they wish. If there are additional questions from jurors, we will follow the same' ocednre again.¶
202.4 JURORQUESTIONS¶
Questions for the court or courtroom personnel:¶
During the trial, you may have a question about these proceedings. If so, please write it down and hand it to the bailiff, who will then hand it to me. I will review your question with the parties, and their attorneys, before responding. -t,¶
Questions for witnesses:¶
By g this procedure, I do not mean to suggest that you must or should submit written questions for witnesses. In most cases, the lawyers will have asked the necessary questions.¶
301.1 DEPOSITION TESTIMONY, INTERROGATORIES, STIPULATED TESTIMONY, STIPULATIONS, AND ADMISSIONS¶
a. Deposition or prior testimony:¶
Members of the jury, the sworn testimony of (name), given before trial, will now be presented. You are to consider and weigh this testimony as you would any other evidence in the case.¶
b. Interrogatories:¶
Members of the jury, answers to interrogatories will now be readacythe rrogatories are written questions that have been presented before trial by one party to . They are answered under oath. You are to consider and weigh these questions n s as you would any other evidence in the case.¶
c. Stipulated testimony:¶
Members of the jury, the parties have agreed that if (name of witness) were called as a witness, he/she would testify (read or des e testimony). You are to consider and weigh this testimony as you would any ot in the case.¶
d Stipulations:¶
Members oft rties have agreed to certain facts. You must accept these facts as true. (Read the ts).¶
pplicable to all parties:¶
Members of the jury, (identify the party or parties that have admitted the facts.) You must accept these facts as true. (Read the admissions).¶
- Applicable to fewer than all parties:
Members of the jury, (identify the party or parties that have admitted the facts). You must accept these facts as true in deciding the issues between (identify the affected parties), but these facts should not be used in deciding the issues between (identify the unaffected¶
parties). (Read the admissions).¶
301.2 INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY, PHOTOGRAPHIC OR PHYSICAL EVIDENCE IS ADMITTED¶
The (describe item of evidence) has now been received in evidence. Witnesses may testify about or refer to this or any other item of evidence during the remainder of the trial. This and all other items received in evidence will be available to you for examination during your deliberations at the end of the trial.¶
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301.3 INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO JURORS¶
The (describe item of evidence) has been received in evidence. It is being shown to you now to help you understand the testimony of this witness and other witnesses in the case, as well as the evidence as a whole. You may examine (describe item of evidence) briefly now. It will also be available to you for examination during your deliberations at the end of the trial.¶
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301.4 INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE AIDS¶
a. Generally:¶
This witness will be using (identify demonstrative or visual aid(s)) to assist in explaining or illustrating his/her testimony. The testimony of the witness is evidence; however, these (identify demonstrative or visual aids) are not to be considered as evidence in the case unless ceived in evidence, and should not be used as a substitute for evidence. Only items received ' e will be available to you for consideration during your deliberations.¶
b. Specially created visual or demonstrative aids based on dis wed as ptions:¶
c-%k; This witness will be using (identify demonstrai4e aVi to assist in explaining or illustrating his/her testimony. These items have been his/her testimony. They may be based on assu Mich you are free to accept or reject. The testimony of the witness is evidence; how er, (identify demonstrative or visual aids) are not to be considered as evidence in the received in evidence, and should not be used as a substitute for evidence. Only it s r ed in evidence will be available to you for consideration during your deliberationstv assist this witness in explaining¶
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301.5 EVIDENCE ADMITTED FOR A LIMITED PURPOSE¶
The (describe item of evidence) has now been received into evidence. It has been admitted only for the purpose of (describe purpose) as to (name party). You may consider it only for that purpose as it might affect (name party). You may not consider that evidence for any other purpose as to any other party.¶
4.1"\ CO 'S iS 4)9¶
406.1 INTRODUCTION¶
Members of the jury, you have now heard and received all of the evidence in this case. I am now going to tell you about the rules of law that you must use in reaching your verdict. You will recall at the beginning of the case I told you that if, at the end of the case I decided that different law applies, I would tell you so. These instructions are (slightly) different firm what I gave you at the beginning and it is these rules of law that you must now follow. I finish telling you about the rules of law, the attorneys will present their final argu ou will then retire to decide your verdict. 777¶
406.2 SUMMARY OF CLAIMS¶
The claims in this case for your consideration are as follows:¶
claims that Jeffrey Epstein maliciously and without probable cause filed and continued to prosecute a lawsuit against Mr. M. That lawsuit alleged that Mr. fabricated sexual abuse claims against Jeffrey Epstein on behalf of three clients. According to the lawsuit Jeffrey Epstein filed against Mr. M, Mr. pursued the fabricated claims as part of Mr. M . knowing participation in an ill rizi scheme with Scott Rothstein. Mr. claims that he was damaged by the fa an 'Mous claims that Mr. Epstein filed against him.¶
Jeffrey Epstein denies that claim.¶
The parties must prove all claims and def the greater weight of the evidence. I will now define some of the terms you will this case.¶
406.3 GREATER WEIGHT OF THE EVIDENCE¶
“Greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.¶
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406.4 PROBABLE CAUSE¶
Probable cause means that at the time of instituting and continuing the civil proceeding against, the facts and circumstances known to Jeffrey Epstein were sufficiently strong to support a reasonable belief that the claims made by Jeffrey Epstein against were supported by existing facts.¶
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406.5 MALICE¶
One acts maliciously in instituting or continuing a civil proceeding against another if he does so for the primary purpose of injuring the other, or recklessly and without regard for whether the proceeding is justified, or for any primary purpose except to establish what he or she considers to be a meritorious claim. In determining whether Jeffrey Epstein actedmaliciously, you may consider all the circumstances at the time of the conduct complaiued oQi4cluding any lack of probable cause to institute or continue the proceeding. 2¶
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2 Durkin v. In 814 So. 2d 1246, 1248.49 (Ha. 2d DCA 2002) ("As to malice on the part of the defendants, the plaintiff need not allege actual malice; legal malice is sufficient and may be inferred from, among other things, a lack of probable cause, gross negligence, or great indifference to persons, property, or the rights of others. Here, the allegations supporting a lack of probable cause are evidence from which a jury could infer malice.") (emphasis added).¶
406.6 INSTITUTING OR CONTINUING A PROCEEDING¶
One is regarded as having instituted or continued a civil proceeding against another if the proceeding resulted directly and in natural and continuous sequence from his actions, so that it reasonably can be said that, but for his actions, the proceeding would not have been instituted or continued.¶
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406.7 LEGAL CAUSE¶
a Legal cause generally:¶
The malicious institution or continuation of a proceeding is a cause of loss, injury, or damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such loss, injury, or damage, so that it can reasonably be said that, but for the; malicious institution or continuation of a proceeding, the loss, injury, or damage would not furred.¶
1). Concurring cause:¶
O AS In order to be regarded as a legal cause of loss, injury, or dam e the malicious institution or continuation of such a proceeding need not be the only e malicious institution or continuation of a proceeding may be a legal cause of loss amage even though it operates in combination with the act of another or so o er use if the malicious institution or continuation of a proceeding contributes sub ha to producing such loss, injury, or damage.¶
c. Intervening cause:¶
The malicious institute or c ntinuation of a proceeding may also be a legal cause of loss, injury, or damage even it operates in combination with the act of another or some other cause occumngifil r the m licious institution or continuation of a proceeding occurs if such other cause was tsel asonably foreseeable and the malicious institution or continuation of a • \ proceedingyofitributes substantially to producing such loss, injury, or damage or the resulting toss, injury, or 'damage was a reasonably foreseeable consequence of the malicious institution or continuation of a proceeding and the malicious institution or continuation of a proceeding contributes substantially to producing it.¶
406.8 ISSUES ON CLAIM¶
The issues you must decide on M' claim against Jeffrey Epstein are whether Jeffrey Epstein maliciously and without probable cause instituted or continued a civil proceeding against which later terminated in favor of and, if so, whether that action was a legal cause of loss, injury, or damage to¶
04¶
406.9 BURDEN OF PROOF ON CLAIM¶
If the greater weight of the evidence does not support [REDACTED] claim, your verdict should be for Jeffrey Epstein.¶
However, if the greater weight of the evidence supports [REDACTED] claim, then your verdict should be for [REDACTED] and against Jeffrey Epstein.¶
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406.12 MALICIOUS PROSECUTION DAMAGES¶
If you find for Jeffrey Epstein, you will not consider the matter of damages. But, if you find for you should award an amount of money that the greater weight of the evidence shows will fairly and adequately compensate for such loss, injury, or damage as the greater weight of the evidence shows was caused by the institution or continuation of the proceeding complained of.¶
If you find for you shall consider the following el t icc,,damage:¶
COMPENSATORY DAMAGES¶
a. Injury to reputation or health; shame, humiliation, mental a i feelings:¶
Any injury to reputation or health and any shant'ilhiba on, mental anguish, and hurt feelings experienced in the past or to be experienced in the future. There is no exact standard for fixing the compensation to be awarded on account o iic diluents of damage. Any award should be fair and just in the light of the evidence.¶
b. Fear of physical injury to himself a temb8t of his family.¶
Any loss of capacity for the enjoym t of life experienced in the past or to be experienced in the future. There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence. (¶
a Lost earnings, lost time, lost earning capacity:¶
(I). When loss,eornin or lost time shown:¶
Any earnings loaf and the reasonable value of any time lost in the past and any loss of ability to earn mon' e future.¶
d. 77terreasonable expenses, including lawyers' fees, necessarily incurred by proceeding complained of in the¶
e. Punitive damages:¶
There is an additional claim in this case that you must decide. If you find for and against Jeffrey Epstein, you must decide whether, in addition to compensatory damages, punitive damages are warranted as punishment to Jeffrey Epstein and as a deterrent to others.¶
E(l). Punitive damages for acts of an individual defendant:¶
laims that punitive dams es should be awarded against Jeffrey Epstein for his conduct in ding alawsuit against without probable cause to support the an wt i no intention to meet his own obligation to provide relevant and materia • iscovery in support of this lawsuit. claims that and his clients and others into abandoning their legitimate sexual abuse claims].) J stein's purpose for filing this lawsuit was instead to attemp h ey pstein. Punitive damages are warranted against Jeffrey Epstein if you find by clear and convincing evidence that Jeffrey Epstein was guilty of intentional misconduct or gross negligence, which was a substantial cause of loss, injury, or damage to U. Under those circumstances you may, in your discretion, award punitive damages against I. /stein. If clear and convincing evidence does not show such conduct by Jeffrey Epstein, punitive damages are not warranted against Jeffrey Epstein. allegations of wrongdoing by¶
"Intentional misconduct" means that Jeffrey Epstein had actual knowledge of the wrongfulness of the conduct and there was a high probability of injury or damage to despite that knowledge, he intentionally pursued that course of conduct, resulting in injury or damage. "Gross negligence" means that Jeffrey Epstein's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.¶
"Clear and convincing evidence" differs from the "greater weight of the evidence" in that it is more compelling and persuasive. As I have already instructed you, "greater weight of the evidence" means the more persuasive and convincing force and effect of the entire evidence in the case.¶
c(7,). Punitive damages - determination °lemon*:¶
You are to decide the amount of punitive damages, if any, to be assessed as punishment against Jeffrey Epstein and as a deterrent to others. This amount would be in addition to the compensatory damages you have previously awarded. In making this determination, you should consider the following:¶
(A). the nature, extent and degree of misconduct and the related circumstances, including the following:¶
i. whether the wrongful conduct was motivated solely by unreasonable financial gain;¶
ii. whether the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually known by Jeffrey Epstein;¶
iii. whether, at the time of loss, injury, or damage, Jeffrey Epstein had a specific intent to harm and the conduct of Jeffrey Epstein did in fact harm and¶
RB). (the financial resources of Jeffrey Epstein¶
You may in your discretion decline to assess punitive damages.¶
601.1 WEIGHING THE EVIDENCE¶
In deciding this case, it is your duty as jurors to decide the issues, and only those issues, that I submit for your determination by answering certain questions I ask you to answer on a special form, called a verdict form. You must come to an agreement about what your an was will be. Your agreed-upon answers to my questions are called your jury verdict.¶
The evidence in this case consists of the sworn testimony of all exhibits received in evidence and all facts that were admitted or agreed to b e pArties and any fact of which the court instructs you to accept.¶
In reaching your verdict, you must think about4ri, 0 weigh 7 documents, photographs, or other material that Aikspt nfeceived in evidence. the testimony You and any may also consider any facts that were admitted or ag to b he lawyers. Your job is to determine what the facts are. You may use reason on sense to reach conclusions. You may draw reasonable inferences from the ut you should not guess about things that were not covered here. And, you must a pply the law as I have explained it to you.¶
testimony of the witness, considered in the light of all the evidence it C the c d in the light of your own experience and commons sense. Let me speak briefly about witnesses. In evaluating the believability of any witness and the weight you will give the testimony of any witness, you may properly consider the demeanor of the witness while testifying; the frankness or lack of frankness of the witness; the intelligence of the witness; any interest the witness may have in the outcome of the case; the cans and opportunity the witness had to know the facts about which the witness testified- fay r of the witness to remember the matters about which the witness testified; and th O leness of the n¶
601.2 BELIEVABILITY OF WITNESSES¶
You have heard opinion testimony on certain tec ects from persons referred to as expert witnesses.¶
You may accept such opinion testimo2 , or give it the weight you think it deserves, considering the knowledge, skill, expel (ce)it- ining, or education of the witness, the reasons given by the witness for the opiniojxpr ed, and all the other evidence in the case.¶
ADVERSE INFERENCE INSTRUCTION - FIFTH AMENDMENT¶
An individual is constitutionally protected from being compelled to provide evidence against himself in a criminal proceeding and guilt of a crime may not be inferred from the exercise of the right to remain silent. However, the protection that applies in a criminal proceeding does not apply in a civil lawsuit, particularly when that lawsuit was begun by a person who then refuses to answer questions about the lawsuit.¶
Jurors may draw reasonable conclusions that the refusal to provide IC r to produce other information relating to a civil lawsuit based on a refusal to in min neself is because those answers or that information would in fact be incrimina person refusing to provide the answers and information. erwise harmful to the¶
Simply put, if a party in a civil lawsuit refus o r questions on the grounds that the answers may tend to incriminate him, you ma that he is refusing to answer because, in fact, the answer would be incriminating,i you ay consider the refusal as evidence against him. Gs'¶
601.5 CONCLUDING INSTRUCTION (BEFORE FINAL ARGUMENT)¶
That is the law you must follow in deciding this case. The attorneys for the parties will now present their final arguments. When they are through, I will have a few final instructions about your deliberations.¶
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SECTION 700-CLOSING INSTRUCTIONS¶
Members of the jury, you have now heard all the evidence, my instructions on the law that you must apply in reaching your verdict and the closing arguments of the attorneys. You will shortly retire to the jury room to decide this case. Before you do so, I have a few last i structions for you.¶
During deliberations, jurors must communicate about the case only witlt*a nother and only when all jurors are present in the jury room. You will have in th all of the evidence that was received during the trial. In reaching your de • ' ms, ot do any research on your own or as a group. Do not use dictionaries, the Inte brother reference materials. Do not investigate the case or conduct any experim . 1!%, visit or view the scene of any event involved in this case or look at maps or the Internet. If you happen to pass by the scene, do not stop or investigate. All ' ors t see or hear the same evidence at the same time. Do not read, listen to, or wat accounts of this trial.¶
You are not to commu cafe any person outside the jury about this case. Until you have reached a verdict, must or not talk about this case in person or through the telephone, writing, or electronic corn unication, such as a blog, twitter, e-mail, text message, or any other means. Do t=contact anyone to assist you, such as a family accountant, doctor, or lawyer. These co cations rules apply until I discharge you at the end of the case.¶
If u become aware of any violation of these instructions or any other instruction I have given in this case, you must tell me by giving a note to the bailiff.¶
Any notes you have taken during the trial may be taken to the jury room for use during your discussions. Your notes are simply an aid to your own memory, and neither your notes nor those of any other juror are binding or conclusive. Your notes are not a substitute for your own¶
memory or that of other jurors. Instead, your verdict must result from the collective memory and judgment of all jurors based on the evidence and testimony presented during the trial.¶
At the conclusion of the trial, the bailiff will collect all of your notes and immediately destroy them. No one will ever read your notes.¶
In reaching your verdict, do not let bias, sympathy, prejudice, public opinion, r any other sentiment for or against any party to influence your decision. Your verdict s ed on the evidence that has been received and the law on which I have instru¶
Reaching a verdict is exclusively your job. I cannot participat in th ision in any way and you should not guess what I think your verdict should om something I may have said or done. You should not think that I prefer one verdi (i t) her. Therefore, in reaching your verdict, you should not consider anything that ha 'ASS ; or done, except for my specific instructions to you.¶
Pay careful attention to all the i ctio clfrh at I gave you, for that is the law that you must follow. You will have a copy rpy tnstructions with you when you go to the jury room to deliberate. All the instructionsire imp79ftant, and you must consider all of them together. There are no other laws that a to this case, and even if you do not agree with these laws, you must use them in reacpint yourllecision in this case.¶
Whe o lro the jury room, the first thing you should do is choose a presiding juror to act as t fo n during your deliberations. The foreperson should see to it that your discussio are orderly and that everyone has a fair chance to be heard.¶
It is your duty to talk with one another in the jury room and to consider the views of all the jurors. Each of you must decide the case for yourself, but only after you have considered the evidence with the other members of the jury. Feel free to change your mind if you are convinced that your position should be different. You should all try to agree. But do not give up your honest¶
beliefs just because the others think differently. Keep an open mind so that you and your fellow jurors can easily share ideas about the case.¶
I will give you a verdict form with questions you must answer. I have already instructed you on the law that you are to use in answering these questions. You must follow my instructions and the form carefully. You must consider each question separately. Please answer the questions in the order they appear. After you answer a question, the form tells you what tpclo neitrl will now read the form to you: (read form of verdict)¶
You will be given (state number) forms of verdict, which I s d to you: (read form of verdict)¶
il If you find for your verdict wi ollowing form: (read form of verdict)¶
If you find for Jeffrey Epstein, your v 1I §sSva " bein the following form: (read form of verdict)¶
Your verdict must be un is, your verdict must be agreed to by each of you. When you have agreed on yo c and finished filling out the form, your foreperson must write the date and sign i thebottom and return the verdict to the bailiff¶
any of u need communicate with me for any reason, write me a note and give it to the bailiff noTe, do not disclose any vote or split or the reason for the communication.¶
now retire to decide your verdict.¶