IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN individually, and J. individually, Defendants/Counter-Plaintiff. A Cos #### COUNTER-DEFENDANT JEFF IN'S NOTICE OF NEW REOUESTED JURY INST S AND VERDICT FORM BASED ON SEPARATE TRIAL OF COUNTERCLAIM Counter-Defendant, Jeffrey Epstein ), pursuant to Florida Rule of Civil Procedure 1.470, files this Notice of Ne Jury Instructions and Verdict Form. | No. 1 2 3 4 | Cite 101.1 201.1 201.2 | ry Instruction Accepted (Y/N1 Oath ofJ rs B ore Voir Dire Qua ificatio Des v • tro ction of Partici nts and Their Roles | | ----------- | ---------------------- | ----------------------------------------------------------------------------------------------------------------------- | | 5 | 201. | xplanation of the Voir Dire Process | | 6 | 10 . | L of Juror After Voir Dire | | 7 | 202.2 | Explanation of the Trial Procedure | | 8 | 20 . | Note-Taking by Jurors | | 9 '-\` \\ | 202.4 | Juror Questions | | 10 | 301.1 | Deposition Testimony, Interrogatories, Stipulated | | 11 | 301.2 | Instruction When First Item of Documentary, Photographic, | | 12 | 301.3 | Instruction When Evidence is First Published to Jurors | | 13 | 301.4 | Instructions Regarding Visual or Demonstrative Aids | | 14 | 301.5 | Evidence Admitted for a Limited Purpose | | 15 | 301.10 | Instructions Before Recess | | No. | Cite | Jury Instruction | Accepted (Y/N) | | --- | ------- | ---------------------------------------------- | -------------- | | 16 | 406.1 | Introduction | | | 17 | 406.2 | Summary of Claims | | | 18 | 406.3 | Greater Weight of the Evidence | | | 19 | 406.8 | Issues on Claim | | | 20 | 406.4 | Probable Cause | | | 21 | 406.5 | Malice | | | 22 | 406.6 | Instituting or Continuing a Proceeding | | | 23 | 406.7 | Legal Cause | | | 24 | 406.8 | Bona Fide Termination | | | 25 | 406.9 | Burden of Proof on Claim | | | 26 | 406.12 | Malicious Prosecution Damages | | | 27 | 601.1 | Weighing the Evidence | | | 28 | 601.2 | Believability of Witnesses | | | 29 | 601.5 | Concluding Instruction (Before Final Argument) | | | 30 | 700 | Closing Instructions | | | 31 | 503.2 | Punitive Damages (Bifurcated Issue) | | | 32 | 301.11a | Adverse Inference – Fifth Amendment | | **CERTIFICATE OF SERVICE** I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on November 13, 2018, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b)(1). LINK & ROCKENBACH, PA\ 1555 Palm Beach Lakes Boulevard, Suite 930\ West Palm Beach, Florida 33401\ (561) 847-4408; (561) 855-2891 [fax] By: /s/ Scott J. Link\ Scott J. Link (FBN 602991)\ Kara Berard Rockenbach (FBN 44903)\ Primary: Scott@linkrocklaw.com\ Primary: Kara@linkrocklaw.com\ Secondary: Tina@linkrocklaw.com\ Secondary: Troy@linkrocklaw.com *Counsel for Counter-Defendant Jeffrey Epstein* **SERVICE LIST** |

Jack Scarola
Karen E. Terry
David P. Vitale, Jr.
Searcy, Denny, Scarola, Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
mep@searcylaw.com
jsx@searcylaw.com
dvitale@searcylaw.com
scarolateam@searcylaw.com
terryteam@searcylaw.com
Co-Counsel for Counter-Plaintiff [REDACTED] J.
[REDACTED]

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Philip M. Burlington
Nichole J. Segal
Burlington & Rockenbach, P.A.
Courthouse Commons, Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
pmb@FLAppellateLaw.com
njs@FLAppellateLaw.com
kbt@FLAppellateLaw.com
Co-Counsel for Counter-Plaintiff [REDACTED] J.
[REDACTED]

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[REDACTED] J. [REDACTED]
Pottinger LLC
425 N. Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301-3268
brad@epllc.com
Co-Counsel for Counter-Plaintiff [REDACTED] J.
[REDACTED]

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Marc S. Nurik
Law Offices of Marc S. Nurik
One E. Broward Boulevard, Suite 700
Ft. Lauderdale, FL 33301
marc@nuriklaw.com
Counsel for Defendant Scott Rothstein

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Jack A. Goldberger
Atterbury, Goldberger & Weiss, P.A.
250 Australian Avenue S., Suite 1400
West Palm Beach, FL 33401
jgoldberger@agwpa.com
smahoney@agwpa.com
Co-Counsel for Counter-Defendant Jeffrey Epstein

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Paul Cassell
383 S. University St.
Salt Lake City, UT 84112-0730
cassellp@law.utah.edu
Limited Intervenor Co-Counsel for L.M., E.W. and Jane Doe

| | |

Jay Howell
Jay Howell & Associates
644 Cesery Blvd., Suite 250
Jacksonville, FL 32211
jay@jayhowell.com
Limited Intervenor Co-Counsel for L.M., E.W. and Jane Doe

| # 101.1 Oath of Jurors Before Voir Dire Do you solemnly swear or affirm that you will answer truthfully all questions asked of you as prospective jurors [so help you God]? Source Florida Standard Jury Instruction (Civil) 101.1 Given Given as Modified Denied Withdrawn cos ### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 2 Qualifications Instruction Before Voir Dire Many of you have electronic devices such as cell phones, smartphones, tablets, and laptops. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about electronic devices. When you are called to a courtroom, the judge will give you specific instructions on the use of electronic devices. These rules are so important that the judge may tell you t you must turn off your cell phone or other electronic devices completely or that you canno your cell phone or electronic devices in the courtroom. If someone needs to contact of an emergency, the judge will provide you with a phone number where you can a messages. If the trial judge allows you to keep your cell phones, co other electronic devices, you cannot use them to take photographs, video recordin dio recordings of the proceedings in the courtroom or your fellow jurors. You must n use to search the Internet or to find out anything related to any cases in the courthouse Why is this restriction imposed? This restricti the case without distraction and only on the evidence, some of you, these restrictions affect your normal way you are used to communicating and perha because jurors must decide in the courtroom. I know that, for ies and may require a change in the the way you are used to learning. If you investigate, research, or m make sure that the information you o opportunity to dispute or challenge by a juror unfairly and imprope system promises. es on your own, the trial judge has no way to oper for the case. The parties likewise have no cy of what you find. Any independent investigation s the parties from having that opportunity our judicial Between now an not discuss any informati and family mem You called for jury a jury and ho the case anythi phone or n ou have been discharged from jury duty by the judge, you must a ut your jury service with anyone, including friends, co-workers, ay tell those who need to know where you are that you have been u are picked for a jury, you may tell people that you have been picked for case may take. However, you must not give anyone any information about e people involved in the case. You must also warn people not to try to say or write to you about your jury service or the case. This includes face-to-face, puler communications. I want to stress that you must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages, including e-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to decide any case. The judge will tell you when you are released from this instruction. Remember, these rules are designed to guarantee a fair trial. It is important that you understand the rules as well as the impact on our system of justice if you fail to follow them. If it is determined that any one of you has violated this rule, and conducted any type of independent research or investigation, it may result in a mistrial. A mistrial would require the case to be tried again at great expense to the parties and the judicial system. The judge may also impose a penalty upon any juror who violates this instruction. All of us are depending on you to follow these rules, so that there will be a fair and lawful resolution of every case. source: Florida StAgdard Jury Instruction (Civil) (not numbered) **COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 3**\ **201.1 Description of the Case Before Voir Dire** Welcome. [I] [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, 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 pertains to whether Jeffrey Epstein had probable cause to initiate in 2009 and continue until 2012 a civil proceeding against [REDACTED] alleging that Edwards knew or should have known about Scott Rothstein running a Ponzi scheme through his law firm of which [REDACTED] was a partner. Epstein originally sued both Scott Rothstein and Bradley [REDACTED] in one original civil proceeding. Epstein's lawsuit against Scott Rothstein has been separated from this action and exists as a separate proceeding.* [REDACTED] is an attorney. In August and September 2008, while he was a sole practitioner, [REDACTED] filed three separate lawsuits on behalf of three tort claimants against Epstein for alleged sexual misconduct. In late March 2009, [REDACTED] joined the law firm of Rothstein Rosenfeldt and Adler ("RRA"). At the time he joined RRA, Edwards held the title of "partner" and he turned over to Scott Rothstein the three clients who had brought claims against Epstein. RRA continued to pursue these clients' claims until the firm imploded in November 2009. [REDACTED] representation of the three tort claimants continued after the implosion of RRA. It was publicly disclosed in early November 2009 that Rothstein, the senior partner of RRA, had conducted a fraudulent Ponzi scheme which, in part, had used the fact that sexual abuse claims against Epstein were being prosecuted by RRA to induce investors to buy interests in fictitious, non-existent settlements of sexual abuse claims against Epstein. Rothstein's scheme raised hundreds of millions of dollars and was one of the largest frauds in U.S. history. In early December 2009, Epstein, through his attorneys, filed a lawsuit against [REDACTED], Rothstein and one of [REDACTED] clients. Epstein alleged that while [REDACTED] was a partner at RRA in 2009, the cases [REDACTED] brought against Epstein when [REDACTED] was a sole practitioner in 2008, were being used in 2009 to pursue issues and evidence unrelated to and unnecessary to the claims pled in those cases, and instead were done to benefit and lure investors into Rothstein's Ponzi scheme. [REDACTED] countersued Epstein for malicious prosecution. The lawsuit for your determination is [REDACTED] counterclaim. [REDACTED] contends that Epstein filed the lawsuit for the sole purpose of attempting to intimidate him into abandoning or cheaply compromising his clients' claims. Epstein eventually settled the cases with [REDACTED] three clients. *Epstein voluntarily withdrew his claims against [REDACTED] client in August 2010. Epstein dismissed his claims against [REDACTED] in August 2012 without prejudice to his right to reassert them at a later time. The only claim pending and for your determination is [REDACTED] claim against Epstein for malicious prosecution.* The principal witnesses who may testify in this case are *Jeffrey Epstein (via video deposition)*, [REDACTED], [REDACTED], *Scott Rothstein (via deposition)*, and *Mr. [REDACTED] clients (L.M., E.W. and Jane Doe).* Source: Florida Standard Jury Instruction (Civil) 201.1 Given Given as Modified Denied Withdrawn \_\_\_\_\_\ \_\_\_\_\_\ \_\_\_\_\_\ \_\_\_\_\_ ### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 4 201.2 Introduction of Participants and Their Roles Who are the people here and what do they do? Judge/Court: I am the Judge. You may hear people occasionally refer to me as "The Court." That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit. Parties: A party who files a lawsuit is called the Plaintiff. A party that lied the Defendant. A party who has been sued (the Defendant) can counter sue the s ho brought the lawsuit (the Plaintiff). In this instance, the Defendant is also referred t' nter-Plaintiff and the Plaintiff is also referred to at the Counter-Defendant. Attorneys: The attorneys have the job of representing the' cli for their client here at the trial. They have taken oaths as att the rules for their profession. at means they speak do their best and to follow Plaintiff7Counter-Defendant's Counsel: The Link, represents Jeffrey Epstein, who is the pets courthouse. His job is to present his client's sid tc, to most of the time as "the Counter-Deftnda ' Mr at the table with you? S this this side of the courtroom, Scott ed the initial proceeding here at the to you. He and his client will be referred irk, will you please introduce who is sitting Defendant/Counter-Plainti Scarola, represents a counterclaim against Mr. Eps his client will usually be referr introduce who is sitting a I: The attorney on this side of the courtroom, Jack f the defendants who has been sued and who brought iJob is to present his client's side of things to you. He and ere as "the Counter-Plaintiff:" Mr. Scarola, will you please table with you? Court Cle to assist me wit of the exhibi on sitting in front of me, (name), is the court clerk. [He] [She] is here the mechanics of the trial process, including the numbering and collection introduced in the course of the trial. eporter: The person sitting at the stenographic machine, (name), is the court reporter. \] [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 brought to [him] [her]. However, the bailiff cannot answer any of your questions about the case. Only I can do that. Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among all of you. The jury's job will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit. In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service. You 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.\*\* *\*\*The trial judge should select one of the following two alternative instructions explaining the rules governing jurors' use of electronic devices, as explained in Note on Use 1.* *Alternative A:* [All cell phones, computers, tablets or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. 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 with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or of your fellow jurors. After each recess, please double check to make sure your cell phone or electronic device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] *Alternative B:* [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 with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] What are the reasons for these rules? These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. That is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Any juror who violates these restrictions jeopardizes the fairness of these a mistrial could result that would require the entire trial process to start ov tremendous expense and inconvenience to the parties, the court, and the tax these rules, you may be held in contempt of court, and face sanctions, suc paying a fine or both. trigs, and 'al is a If you violate g time in jail, All of your communications with courtroom personnel, o these proceedings. That means those communications shall e. court reporter present or, if they are in writing, the writing instructed the courtroom personnel that any communi presence must be reported to me, and I will tell communication from you that I believe may be of e, e part of the record of made in open court with the with the court clerk. I have have with them outside of my and their attorneys about any the parties and their attorneys. However, you may communicate concerning your comfort and safety, suc to assemble for duty, how you should or jury room, and similar inquiries. ith courtroom personnel about matters arking, location of break areas, how and when personal items can be brought into the courthouse If you become aware o any dfation of these instructions or any other instruction I give in this case, you must tell me b g a note to the bailiff. # Source: O Florida S d Jury Instruction (Civil) 201.2 ### 201.3 Explanation of the Voir Dire Process The last thing I want to do, before we begin to select the jury, is to explain to you how the selection process works. Questions/Challenges: This is the part of the case where the parties and their lawyers have the opportunity to get to know a little bit about you, in order to help them come to their own conclusions about your ability to be fair and impartial, so they can decide who they ink should be the jurors in this case. How we go about that is as follows: First, I'll ask some general qu of you. Then, each of the lawyers will have more specific questions that they will ask er they have asked all of their questions, I will meet with them and they will tell oices for jurors. Each side can ask that I exclude a person from serving on a jury if t ve me a reason to believe that he or she might be unable to be fair and impartial. That 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 ju It may take more than one conference among the parties, their attorneys, and me before the fi ons are made. Purpose of Questioning: The questions tb I will be asked during this process are not intended to embarrass you or unnecessarily p n r personal affairs, but it is important that the parties and their attorneys know enou ou you to make this important decision. If a question is asked that you would prefer er in front of the whole courtroom, just let me know and you can come up here and •v u swer just in front of the attorneys and me. If you have a question of either the attom don't hesitate to let me know. Res onse to nin The are no right or wrong answers to the questions that will be asked of you. The only thing tha is that you answer the questions as frankly and as honestly and as completely as yo You [will take] [have taken] an oath to answer all questions truthfully and comp tely ou must do so. Remaining silent when you have information you should disclose i olatio of that oath as well. If a juror violates this oath, it not only may result in having to all over again but also can result in civil and criminal penalties against a juror perso, again, it is very important that you be as honest and complete with your answers bly can. If you don't understand the question, please raise your hand and ask for an on or clarification. In sum, 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. Source: Florida Standard Jury Instruction (Civil) 201.3 Given Given as Modified Denied Withdrawn \_\_\_\_\_ \_\_\_\_\_ \_\_\_\_\_ \_\_\_\_\_ NOT A CERTIFIED COPY # 101.2 Oath of Juror After Voir Dire Do you solemnly swear or affirm that you will well and trul this case between the Counter-Defendant Jeffrey Epstein, and the Counter-Plaintiff, and a true verdict render according to the law and evidence \[so help you Godj? Source' Florida Sbpdard Jury Instruction (Civil) 101.2 Given Given as Modified Denied Withdrawn esA Co ### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 7 202.2 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 to give you his/her views about what the evidence will be in the trial and what you are likely to, and hear in the testimony. Evidentiary Phase: After the attorneys' opening statements the Counte will bring his witnesses and evidence to you. Evidence: Evidence is the information that the law allows y hear in deciding this case. Evidence includes the testimony of the witnesses, docume a Ad anything else that I instruct you to consider. Witnesses: A witness is a person who takes an the truth and then answers attorneys questions for the jury. The answering of o tuestions by witnesses is called "giving testimony." Testimony means statements th a when someone has sworn an oath to tell the truth. The Counter-Plaintiff's lawyer wil ask a witness the questions first. That is called direct examination. Then the C endant's lawyer may ask the same witness additional questions about whatever has testified to. That is called cross-examination. Certain documents or other eviden be shown to you during direct or cross-examination. After the Counter-Plaintiffs s ave testified, the Counter-Defendant will have the opportunity to put witnesses o the t d and go through the same process. Then the Counter-Plaintiffs lawyer gets to do cro ination. The process is designed to be fair to both sides. It is important that u member that testimony comes from witnesses. The attorneys do not give testimon d th re not themselves witnesses. Ob. o etimes the attorneys will disagree about the rules for trial procedure when a questio f a witness. When that happens, one of the lawyers may make what is called an "ob. e rules for a trial can be complicated, and there are many reasons for attorneys to object. ou should simply wait for me to decide how to proceed. If I say that an objection is "sustained,' that means the witness may not answer the question. If I say that the objection is "overruled," that means the witness may answer the question. When there is an objection and I make a decision, you must not assume from that decision that I have any particular opinion other than that the rules for conducting a trial are being correctly followed. If I say a question may not be asked or answered, you must not try to guess what the answer would have been. That is against the rules, too. Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal elements of the case that are not appropriate for the jury to hear. The attorneys and I will try to have as few of these conferences as possible while you are giving us your valuable time in the courtroom. But, if we do have to have such a conference during testimony, we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you to leave the courtroom. Recesses: Breaks in an ongoing trial are usually called "recesses." During a recess you still have your duties 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 pr a ted to you, I will instruct you in the law that you must follow. It is important that yoyF me r these instructions to assist you in evaluating the final attorney presentations, which c0 rext, and, later, during your deliberations, to help you correctly sort through the evidence ur decision. Closing Arguments: The attorneys will then have the op make their final presentations to you, which are called closing arguments. Final Instructions: After you have heard the closing, I will instruct you further in the law as well as explain to you the procedures you to decide the case. Deliberations: After you hear the final jury discuss and decide the questions I have put on yo instructions to use during your discussions. are usually called "jury deliberations." Yo anyone else will be with you in the jury, you will go to the jury room and ct orm. You will have a copy of the jury ns you have and the decisions you make ons are absolutely private and neither I nor Verdict: When you have fi h lowering the questions, you will give the verdict form to the bailiff, and we will all re ourtroom where your verdict will be read. When that is completed, you will be rele,as ur assignment as a juror. What are the rules? Finally, be we ZIP' gin the trial, I want to give you just a brief explanation of rules you must follow as th14 c81e proceeds. n Mind: You must pay close attention to the testimony and other evidence as it co e trial. However, you must avoid forming any final opinion or telling anyone else yo iews on the case until you begin your deliberations. This rule requires you to keep an open mind ntil you have heard all of the evidence and is designed to prevent you from influencing how your fellow jurors 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 I 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 whatsoever. 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. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during trial. Do not provide any information about this case to anyone, including friends or family members. Do not let anyone, including the closest family members, make comments to you or ask questions about the trial. Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved. So, do not let even the closest family members make comments to you or ask questions about the trial. In this age of electronic communication, I want to stress again that just as you must not talk about this case face-to-face, you must not talk about this case by using an electronic device. You must not use phones, tablets, computers or other electronic devices to communicate. Do not send or accept any messages related to this 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 to guess what my opinion is about any part of the case. It would be wrong for you to conclude that anything I say or do means that I am for one side or another in the trial. Discussing and deciding the facts is your job alone. #### Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room:\* *\*The trial judge should select one of the following two alternative instructions explaining the rules governing jurors' use of electronic devices, as explained in Note on Use 3.* *Alternative A:* [All cell phones or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case] or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. After each recess, please double check to make sure your device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. The court's phone number will be provided to you.\] *Alternative B:* [You cannot have any cell phones, computers, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. The court's phone number will be provided to you.] Source: Florida Standard Jury Instruction (Civil) 202.2 Given Given as Modified Denied Withdrawn \_\_\_\_\_\ \_\_\_\_\_\ \_\_\_\_\_\ \_\_\_\_\_ ### 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. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the bailiff will take possession of your notes and will re rn them to you when we reconvene. After you have completed your deliberations, the bailiff • liver 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 that you bee AS0 cted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your mo the evidence and you should not be unduly influenced by the notes of other jurors. of re not entitled to any greater weight than each juror's memory of the evidence. # Source: Florida Standard Jury Instruction (Civil) 202.3 #### 202.4 Juror Questions ### 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. # Otrestions for witnesses: You also may have a question you think should be asked of a witn for you to request that I ask the witness a question. After all the attome questioning of the witness, you should raise your hand if you have a sufficient time to write the question on a piece of paper, fold it, and pass it to me. Do not put your name on the question, show it to a yon there is a way mpleted their ill then give you the bailiff, who will scuss it with anyone. I will then review the question with the attorneys may be considered by a jury in determining a verdict. Y that control the attorneys' questions. If I decide that t of evidence, I will tell you. Otherwise, I will direc then ask follow-up questions if they wish. If t follow the same procedure again. r law, only certain evidence d by the same rules of evidence may not be asked under our rules on to the witness. The attorneys may dditional questions from jurors, we will By providing this procedure, I can to suggest that you must or should submit written questions for witnesses. In the lawyers will have asked the necessary questions. Florida Standard Jury Instruction (Civil) 202.4 #### 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 read to yo written questions that have been presented before trial by one party to ano under oath. You are to consider and weigh these questions and answe evidence in the case. Aill rrog \\ stories '' are are answered would any other # c. Stipulated testimony: Members of the jury, the parties have agreed that i e f witness) were called as a witness, [he] [she] would testify (read or describe the to ou are to consider and weigh this testimony as you would any other evidence in the # d. Stipulations: Members of the jury, the parties have ? S ec\\c ., rtain facts. You must accept these facts as true. (Read the agreed facts). #### SEE THE PARTIES' NEW JOIN AL STIPULATION FOR COUNTERCLAIM ONLY # e. Admissions: # I. Applicable to ll peril : Members of t jury, id ntify the party or parties that have admitted the facts) [has] [have] admitted certain f . You ust accept these facts as true. (Read the admissions). # 2. p bl to fewer than all parties: Mem he jury, (identify the party or parties that have admitted the facts) [has] [have] admitt facts. You must accept these facts as true in deciding the issues between (identify the affect arties), but these facts should not be used in deciding the issues between (identify the unaffected parties). (Read the admissions). # Source\* Florida Standard Jury Instruction (Civil) 301.1 **COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 11**\ **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. NOT A CERTIFIED COPY Source: Florida Standard Jury Instruction (Civil) 301.2 Given \_\_\_\_\_\ Given as Modified \_\_\_\_\_\ Denied \_\_\_\_\_\ Withdrawn \_\_\_\_\_ # 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. # Source: Florida Standard Jury Instruction (Civil) 301.3 Given Given as Modified Denied Withdrawn esA Co ### 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, [this] [these] (identify demonstrative or visual aid(s)) [is] [are] not to be considered as evidence in the case unless received in evidence, and should not be used as a substitute for evidence nly items received in evidence will be available to you for consideration during your delibe # b. Specially created visual or demonstrative aids based on disputed assn This witness will be using (identify demonstrative aid(s)) n explaining or illustrating [his] [her] testimony. [This] [These] item[s] [has] [have] repared to assist this witness in explaining [his] [her] testimony. [It] [They] may be umptions which you are free to accept or reject. The testimony of the witness • nce; however, [this] [these] (identify demonstrative or visual aid(s)) [is] [are] not to ed as evidence in the case unless received in evidence, and should not be used cute for evidence. Only items received in evidence will be available to you for con uring your deliberations. Florida Standard Jury Instruction (Civil) 301.4 # 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] [(name other party(s)]. esA Co 4s) (s, ti o (se source \* Florida Standard Jury Instruction (Civil) 301.5 Given Given as Modified Denied ### 301.10 Instruction Before Recess We are about to take [our first] [a] recess. Remember that all of the rules I have given you apply even when you are outside the courtroom, such as at recess. Remember the basic rule: Do not talk to anyone, including your fellow jurors, friends, family or co-workers about anything having to do with this trial, except to speak to court staff. This means no e-mailing, text messaging, tweeting, blogging, or any other form of co tmication. You cannot do any research about the case or look up any information about the c emember to observe during our recess the other rules I gave you. If you become aware ation of any of these rules at all, notify court personnel of the violation. After each recess, please double check to make sure [that your cplFp Ar other electronic device is turned off completely] [that you do not bring your cell pho ther electronic device into the courtroom or jury room]. \\kJ Source: Florida Standard Jury Instruction (Civil) 301.10 Given Given as Modified Denied #### 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 from what I gave you at the beginning and it is these rules of law that you must now follow.] When I finish telling you about the rules of law, the attorneys will present their final arguments and will then retire to decide your verdict. cos Source: Florida Standard Jury Instruction (Civil) 301.10 Given Given as Modified Denied #### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 17 406.2 Summary of Claims The claims and defenses in this case are as follows: Plaintiff Jeffrey Epstein, through his attorneys, pled a lawsuit called the "original civil proceeding') against Scott Rothstein and Defendant J. . Epstein voluntarily dismissed his lawsuit against before the lawsuit was decided by the Court. Epstein's dismissal of the lawsuit against was without prejudice to Epstein's right to later reassert them. Epstein's lawsuit against Scott Rothstein has been separated from this action rd exists as a separate proceeding. Therefore, those claims are not be ore u for your de ation, but Epstein's original civil proceeding against Rothstein and forms the js o yards' suit against Epstein for malicious prosecution. ailed a claim for malicious prosecution against Epstei a eged that Epstein maliciously and without probable cause, filed and continued the on al ci it proceeding against him, and that this caused emotional and reputational it not money damages. Epstein denies that claim and also asserts that he is entitled t ict in his favor. has the burden to prove by the greater o the evidence that Epstein caused to be filed or continued the civil proceedin a ainst maliciously and without probable cause and that Epstein's lawsuit caused to suffer amage. I will now define some of the terms you will use in deciding this case. # Source: Florid (S. tillt. Qury Instruction (Civil) 406.2 C # 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. Florida Standtud Jury Instruction (Civil) 406.3 Given Given as Modified Denied Withdrawn esA Co #### Issues on Claim I will now instruct you on what must prove to prevail on his claim for malicious prosecution against Epstein. maliciously and without probable cause instituted or continued a civil proceeding against The issues you must decide on claim against Epstein are whether." which later terminated in favor of and, if so, whether that action was a legal cause of damage to must prove each of these elements in order to prevail on li S for malicious prosecution against Epstein. I will now instruct you further on the individual elements of 's cla.m. iS 4/) 9 # Source: Second Paragraph: Florida Stan Instruction, but the order first, then explain the ele understand why th v. Mancusi, 632 2015); Hickm ury Instruction 406.8. This paragraph reflects the Standard e instructions has been changed to instruct the jury on the elements the jury. It is Epstein's position this will allow the jury to better re be g instructed on probable cause, malice, etc.; Alamo Rent-A-Car Inc. d 13 2 (Fla. 1994); Rivernider v. Meyer, 174 So. 3d 602 (Fla. 4th DCA ay's Intl Realty, Inc., 16 So. 3d 154, 155 (Fla. 4th DCA 2009). Third Pa Union Rent-A-C tum Bros Real Estate & Investment Co. v. =, 109 So. 623 (Fla. 1926); 1. Amsco Division v. Ma 468 So. 2d 349, 353 (Fla. 3nd DCA 1985); Alamo Inc. v. Mancusi, 632 So. 2d 1352, 1355 (Fla. 1994). # Probable Cause Probable cause means that at the time of instituting and then continuing a civil proceeding against another, the facts and circumstances known to .tire Jef ',were sufficiently strong to support a reasonable belief that the proceeding against was supported by existing facts. It is burden to stage of the civil proceeding against of it. You may find that the allegations in the civil proceeding brought by Jeffrey Epstein were u untrue, or if some of the claims would not have been successful. rove that Jeffrey Epstein lacked probable c se at every from the filing of his suit t rrnination failed to show a lack of probable ca I"sven e some of y shown to be The information that Jeffrey Epstein relied on does not have t hand by Jeffrey Epstein, but can be trustworthy information that You may find probable cause existed even if there was proceeding. rmation gained firstded to Jeffrey Epstein. nty of the outcome of the You cannot base your finding as to probab has proven that Jeffrey Epstei your findings as to whether there was a lack terminated his civil proceeding against Bra whether or not you believe that malice. Likewise, you cannot base cause on evidence that Jeffrey Epstein # Source: First Paragraph: Florida S Jury Instruction (Civil) 406.4. Second Para show lack of 1172-73 ( did n prosecuti colt v. Intl Hosp., Inc., 910 So. 2d 915, 924 (Fla. 3d DCA 2005) (must le cause for entire case or claim fails); May v. Fundament, 444 So. 2d 1171, A 1984) (same); Molly v. Bodin, 489 So. 2d 474 (La. Ct. App. 1986) (where lack of probable cause for at least several of allegations, then no malicious Third Paragraph:. v. Kostroff, 82 F. Supp. 2d 1354, 1364 (M.D. Fla. 2000) (does not have to be fust-hand information); Endacott v. International Hospitality, Inc., 910 So. 2d 915, 922 (Fla. 3d DCA 2005) ("the defendants need not be certain of the outcome of the underlying proceeding to have probable cause for bringing the counterclaim"). Fourth Paragraph: Bros Real Estate & Investment v. =, 109 So. 623 (Fla. 1926) cannot infer probable cause based on finding of malice); Central Florida Machinery Co., Inc. v. 424 So. 2d 201 (Fla. 2d DCA 1983) ("a bare showing of malice will not, in turn, permit an inference of a lack of probable cause"); Applestein v. Preston, 335 So. 2d 604 (Fla. 3d DCA 1976) ("when want of probable cause was not established, the existence thereof could not be inferred from malice, if malice was proved. Although malice may be inferred from want of probable cause, want of probable cause cannot be inferred from malice"); Endacott v. Intl Hosp., Inc., 910 So. 2d 915, 924 (Fla. 3d DCA 2005) ("However, termination of an underlying civil proceeding in favor of the present plaintiff is not sufficient evidence that the defendants lacked probable cause"). Given Given as Modified Denied ,O114Isk CO . iS 5) #### \\lalice One acts maliciously in instituting or continuing a civil proceeding against another if he or she 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 bring an offender to justice or to establish what he or she considers to be a meritorious claim. In determining whether Jeffrey Epstein acted maliciously, you may consider all the circumstances at the time of the conduct complained of, including any lack of probable cause to institute or ntinue the proceeding. You are not required, however, to find malice because of a lack institute or continue the proceedings and you should not draw an inferen of probable cause if other evidence of the circumstances at the ti different conclusion. ble cause to a from a lack onduct lead to a ### Source: First Paragraph: Florida Stand Instruction 406.5 Second Paragraph: olom Sl6res, Inc. v. Scarbrough, 355 So. 2d 1181, 1185 la. 1977) ("It is recognized that ce inferred from the absence of probable cause. v. Whitfield, 290 So. 2d 49 '74); Duval Jewelry Co. v. , 102 Fla. 717, 136 So. 878 (Fla. 1931). However, m n• legally synonymous with the absence of probable cause. =I v. Miami Home Mil ers Association, 143 Fla. 518, 197 So. 125 (1940). The inference of malice from t e of probable cause is not one of law but merely a presumption of fact which may be rebuff his is an inference which the jury is not required to draw, and which it should not draw if other facts disclosed by the evidence lead to a different conclusion. See Brothers Real Estate & Investment Co. v. =, 92 Fla. 278, 109 So. 623 (1926). ### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 22 406.6 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 or her actions, so that it reasonably can be said that, but for his or her actions, the proceeding would not have been instituted or continued. Source. %b.) Florida Sta dard Jury Instruction (Civil) 406.6 Given Given as Modified Denied Withdrawn CO4S1A #### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 23 406.7 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 have occurred. # b. Concurring cause: In order to be regarded as a legal cause of loss, injury or damage the continuation of such a proceeding need not be the only cause. The continuation of a proceeding may be a legal cause of loss, injury or dam in combination with the act of another or some other cause if continuation of a proceeding contributes substantially to producing s institution or institution or ough it operates us institution or, injury or damage. ### c. Intervening cause: The malicious institution or continuation of a proceeding\\ injury or damage even though it operates in combi cause occurring after the malicious institution or cause was itself reasonably foreseeable an proceeding contributes substantially to prod injury or damage was a reasonably fo, continuation of a proceeding and the tributes substantially to producing i ay also be a legal cause of loss, tion,with the act of another or some other tarn of a proceeding occurs if such other icious institution or continuation of a oss, injury or damage or the resulting loss, consequence of the malicious institution or institution or continuation of a proceeding con- # Source:1O Florida S rd Jury Instruction (Civil) 406.7 #### Bona Fide Termination must prove that the termination of•grfre Epstein's civil proceeding against him was a bona fide termination in favor of A termination of a civil proceeding is a bona fide termination of the civil proceeding only if it ended in a manner that demonstrated that the proceeding lacked merit. You must consider the reasons for the voluntary dismissal by Jeffrey Epstein his claims against as well as all of the circumstances surrounding the vol dismissal of those claims in making this determination. #### Source: Giving an instruction: Florida Standard Jury Instructio 06.8, Notes on Use ("If a fact question exists concerning whether the prior proc e nated in favor of the claimant, an additional instruction on that issue will be n ' Shidlowsky v. National Car Rental Systems, Inc., 344 So. 2d 903 (Fla. 3d DCA 19 man v. Crabro Motors, Inc., 199 So. 2d 745 (Fla. 3d DCA 1967). First Paragraph: Debrincat v. Fisch prosecution claim); CA Hansen Co 1990) (plaintiff must show eith Alamo Rent-A-Car, Inc. v. . 2d 68, 70 (Fla. 2017) (element of malicious ker et al., 565 So. 2d 812, 813 (Fla. 3d DCA e decision on the merits or a bona fide termination); So. 2d 1352, 1356 (Fla. 1994). Second Paragraph: Shar E&A, Inc., 135 So. 3d 428, 432 (Fla. 2d DCA 2014) (citing v. Corwin, 980 So. 2d 115 1 5 (Fla. 4th DCA 2008)). Third Paragra v. Corwin, 980 So. 2d 1153, 1156 (Fla. 4'h DCA 2008) ("whether a voluntary di q lifies as a \`bona fide termination' of the proceedings in the defendant's favor dep ti. w the reasons and circumstances underlying the dismissal"); Doss v. Bank of Ameri 857 So. 2d 991, 995 (Fla. 5th DCA 2003) ("whether a withdrawal or abandonment of a laws constitutes a bona fide termination in favor of a person against whom the suit was brought d •ends on the total circumstances surrounding the withdrawal or abandonment"). ### 406.9 Burden of Proof on Claim If the greater weight of the evidence does not support l=g claim, your verdict should be for Jeffrey Epstein. However, if thee. weight of the evidence supports claim, then your verdict should be for and against Jeffrey Epstein. Go Source: Florid IardJuryy Instruction (Civil) 406.9 Given Given as Modified Denied # 406.12 Malicious Prosecution Damages Ificand 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 damage as the greater weight of the evidence shows was caused by the institution or continuation of the proceeding complained of. 'sA Co Source: Florida Sbpdard Jury Instructions (Civil) 406.12 Given Given as Modified Denied #### 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 answers 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 the witnes received in evidence and all facts that were admitted or agreed to by the parti which the court instructs you to accept. all exhibits any fact of In reaching your verdict, you must think about and weigh documents, photographs, or other material that has been received) consider any facts that were admitted or agreed to by the lawye what the facts are. You may use reason and common sense draw reasonable inferences from the evidence. But you sh not covered here. And, you must always apply the law Sti I1ony and any e. You may also job is to determine o r onclusions. You may guess about things that were xplained it to you. Source\* Florida Staa,glard Jury Instruction (Civil) 601.1 #### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 28 601.2 Believability of Witnesses #### a. General considerations: 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 de anor of the witness while testifying; the frankness or lack of frankness of the witness; the int It nce of the witness; any interest the witness may have in the outcome of the case; the mean ortunity the witness had to know the facts about which the witness testified; the abili o the itness to remember the matters about which the witness testified; and the reasonabl the testimony of the witness, considered in the light of all the evidence in the case and ig t of your own experience and common sense. # b. Expert witnesses: You have heard opinion testimony on certain technical su ec from a person referred to as an expert witness. You may accept such opinion testimony, reject, or give it the weight you think it deserves, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion express, and,all the other evidence in the case. Florida Standard Jury Instruction (Civil) 601.2 # 601.5 Concluding Instruction (Before Final Argument) That is the law you must follow in deciding this case. The attomeys for the parties will now present their final arguments. When they are through, I will have a few final instructions about your deliberations. Source; Florida Standard Jury Instruction (Civil) 601.5 Given Given as Modified Denied Withdrawn esA Co ### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 30 700 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 instructions for you. During deliberations, jurors must communicate about the case only with one nother and only when all jurors are present in the jury room. You will have in the jury room all f t e evidence that was received during the trial. In reaching your decision, do not do any ho ur own or as a group. Do not use dictionaries, the Internet, or any other referenc ena s. Do not investigate the case or conduct any experiments. Do not visit or view of any event involved in this case or look at maps or pictures on the Internet. If you to ass by the scene, do not stop or investigate. All jurors must see or hear the same evide i ce at same time. Do not read, listen to, or watch any news accounts of this trial. You are not to communicate with any person outsi about this case. Until you have reached a verdict, you must not talk about this i n or through the telephone, writing, or electronic communication, such as a blo mail, text message, or any other means. Do not contact anyone to assist you, such ccountant, doctor, or lawyer. These communications rules apply until I discharge yo en of the case. If you become aware of any violati instructions or any other instruction I have given in this case, you must tell me by n e to the bailiff. Any notes you have taken trial may be taken to the jury room for use during your discussions. Your notes a aid to your own memory, and neither your notes nor those of any other juror are bi ing conclusive. Your notes are not a substitute for your own memory or that of other jurors. d, your verdict must result from the collective memory and judgment of all jurors bas e evidence and testimony presented during the trial. At the co ion the trial, the bailiff will collect all of your notes and immediately destroy them. I ever read your notes. In our verdict, do not let bias, sympathy, prejudice, public opinion, or any other senti r against any party to influence your decision. Your verdict must be based on the evidence has been received and the law on which I have instructed you. Reaching a verdict is exclusively your job. I cannot participate in that decision in any way and you should not guess what I think your verdict should be from something I may have said or done. You should not think that I prefer one verdict over another. Therefore, in reaching your verdict, you should not consider anything that I have said or done, except for my specific instructions to you. Pay careful attention to all the instructions that I gave you, for that is the law that you must follow. You will have a copy of my instructions with you when you go to the jury room to deliberate. All the instructions are important, and you must consider all of them together. There are no other laws that apply to this case, and even if you do not agree with these laws, you must use them in reaching your decision in this case. When you go to the jury room, the first thing you should do is choose a presiding juror to act as a foreperson during your deliberations. The foreperson should see to it that your discussions 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 co idered the evidence with the other members of the jury. Feel free to change your mind if yo convinced that your position should be different. You should all try to agree. But do not up r honest beliefs just because the others think differently. Keep an open mind so that d your fellow jurors can easily share ideas about the case. I will give you a verdict form with questions you must answ r. I h already instructed you on the law that you are to use in answering these questions. You t ollow 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 tel you what to do next. I will now read the form to you: (read form of verdict)\] You will be given (state number) forms of d dhich I shall now read to you: (read form of verdict) If you find for verdict), yo leCts dill be in the following form: (read form of If you find for Jeffrey Ep o erdict will be in the following form: (read form of verdict) Your verdict must be When you have agreed write the date and si it a bus, that is, your verdict must be agreed to by each of you. verdict and finished filling out the form, your foreperson must ttom and return the verdict to the bailiff If any of to communicate with me for any reason, write me a note and give it to the bailiff. In of, do not disclose any vote or split or the reason for the communication. ow retire to decide your verdict. # Source: Florida Standard Jury Instruction (Civil) 700 #### COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 31 JBIFURCATED ISSUE\]. 503.2 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. for his conduct in maliciously prosecuting a civil proceeding against claims that punitive damages should be awarcalinst y Epstein unitive damages are warranted against Jeffrey Epstein if you find by clear and convi ence that Jeffrey Epstein was raifintentional misconduct or gross negligence, a substantial cause of damage to . Under those circumstances yo your discretion, award punitive damages against Jeffrey Epstein. If clear and convin' ce does not show such conduct by Jeffrey Epstein, punitive damages are not warranted t Jeffrey Epstein. "Intentional misconduct" means that Jeffrey Ep actual knowledge of the wrongfulness of the conduct and that there was a high p at injury or damage to and, despite that knowledge, he intentionally at course of conduct, resulting m injury or damage. "Gross negligence" means that conduct was so reckless or wanting in care that it constituted a conscious di or indifference to the life, safety, or rights of persons exposed to such conduct. "Clear and convincing evidence" is more compelling and persuasive evidence" means the more persu case. the "greater weight of the evidence" in that it e already instructed you, "greater weight of the vincing force and effect of the entire evidence in the If you decide that punitive damages are warranted against Jeffrey Epstein, then we will have a separate proceeding in w \*ch,to decide the amount of punitive damages, if any, to be assessed as punishment agains ffrey pstein and as a deterrent to others. This amount would be in addition to the compensa amages you have previously awarded. In making this determination, you should consi wing: - ( the fol extent and degree of misconduct and the related circumstances, including - (A) whether the wrongful conduct was motivated solely by unreasonable financial - (B) 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; gain; ' Punitive damages have been bifurcated from the main trial, so that this instruction should not be given unless it becomes appropriate. (C) whether, at the time of damage, Jeffrey Epstein had a specific intent to harm [REDACTED] [REDACTED] and the conduct of Jeffrey Epstein did in fact harm [REDACTED] [REDACTED], and (2) the financial resources of Jeffrey Epstein; and However, you may not award an amount that would financially destroy Jeffrey Epstein. You may in your discretion decline to assess punitive damages. NOT A CERTIFIED COPY Source: Florida Standard Jury Instruction (Civil) 503.2 Given Given as Modified Denied Withdrawn \_\_\_\_\_\ \_\_\_\_\_\ \_\_\_\_\_\ \_\_\_\_\_ ### Adverse Inference - Fifth Amendment An individual is constitutionally protected by the Fifth Amendment to the United States Constitution from being compelled to provide evidence against himself in a criminal proceeding and an adverse inference may not be inferred from the exercise of the Fifth Amendment right to remain silent. However, the prohibition against drawing an adverse inference that applies in a criminal proceeding does not apply in a civil lawsuit. Therefore, if you find that Jeffrey Epstein invoked his Fifth Amendment asked relevant questions, then you may, but are not required to, infer that his have incriminated him. You may consider this, together with the other evi the issues of this case, but a Judgment against Jeffrey Epstein cannot rest inference. e when rs wtuld determining the adverse # Source: Florida Instruction (Civil) 301.11a; Baxter v. Palmigiano, 425 U.S. 308 (1976); Coqui ents v. Rothstein, No. 10-60787-cv, 2012 WL 4479057 (S.D. Fla. Sept. 28, 2012) #### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN individually, and J. individually, Defendants/Counter-Plaintiff # VERDI T F We, the Jury, find: 1. Did prove ir•t had no probable cause to initiate on e his original civil proceeding against ter weight of the evidence that aJ i > YES NO If the Answer to Question t sI4PVES" then proceed to Question 2. If the Answer to Question I is "NO," then please e and gn the verdict form and proceed no further. Cos 2. prove by the greater weight of the evidence that Jeffrey Epstein i continued his original civil proceeding against maliciously? YES NO If the Answer to Question 2 is "YES" then proceed to Question 3. If the Answer to Question 2 is "NO," then please date and sign the verdict form and proceed no further. 3. Did prove by the greater weight of the evidence that the termination of Jeffrey Epstein's original civil proceeding constituted a bona fide termination of that proceeding in favor of YES NO If the Answer to Question 3 is "YES" then proceed to Question 4. If the Answer to Question 3 is "NO," then please date and sign the verdict form and proceed no further. 4. Did prove by the greater weight of the Epstein's institution or continuation of his original civil proceeding a caused damage to IM' 1 til y that ley If the Answer to Question 4 is "YES" proceed to Qu it e Answer to Question 4 is "NO," then please date and sign the verdict form and pro o no her. 5. What amount of damage, of the evidence, that he suffered as a original civil proceeding against B prove, by the greater weight rey Epstein's institution or continuation of his civil proceeding against ards prove that punitive damages are warrantedisbnishment to Jeffrey Epstein fo or continuing his original 6. Did Brad and as a deterren to ers from filing a civil proceeding without probable cause? NO YOU HAVE REACHED YOUR VERDICT. PLEASE SIGN AND DATE THIS VERDICT FORM SO SAY WE ALL, this day of December, 2018. FOREPERSON