The Uniform Civil Jury Instructions Committee and the Uniform Criminal Jury Instructions Committee spent 2021 working on instructions in a wide array of categories—updating a number of older instructions and in some categories creating brand new instructions.
The Criminal Jury Instructions Committee completely revised the animal-crimes chapter and in the process drafted four new instructions:
UCrJI 3005A – Animal Neglect in the Second Degree—Subsection (3)
Addresses subsection (3) of ORS 167.325 (animal neglect in the second degree)
UCrJI 3006A – Animal Neglect in the First Degree—Subsection (3)
Addresses subsection (3) of ORS 167.330 (animal neglect in the first degree)
UCrJI 3010 – Prohibition against Possession
Addresses ORS 167.332, which prohibits persons with prior animal-crime convictions from possessing the same genus of animal or a domestic animal for a certain length of time
UCrJI 3011 – Animal Abandonment
Sets forth the elements that must be proved to establish the crime set forth in ORS 167.340
The Criminal Jury Instructions Committee also updated the felony verdict instruction with new case law interpreting what the Ramos decision requires for not-guilty verdicts and for misdemeanors that are tried along with felonies to a 12-person jury. In all, the committee updated or created 42 instructions in 2021.
The Civil Jury Instructions Committee spent 2021 focusing on instructions dealing with fraud, fiduciary duties, and punitive damages. The committee spent a great deal of time specifically on UCJI 50.01. The title was changed from “Fiduciary Duty—Defined” to “Fiduciary Duty—Explained.” The instruction was expanded, though the committee decided against including a nonexhaustive list of possible fiduciary duties. The comment following the instruction was greatly expanded to include new cases and to offer advice regarding the submission of a special instruction defining fiduciary duties that were allegedly breached.
The Civil Jury Instructions Committee also drafted a new special verdict form. UCJI 90.11 (Special Verdict—Penalty Wage—Discharge by Employer or Mutual Agreement) was created to be used with UCJI 54.05 (Penalty Wage for Failure to Pay Wages on Termination of or Quitting Employment). In total, the committee completed work on seven civil jury instructions.
The sale on the 2021 jury instruction supplements is being extended one week only. To receive your 10% discount, order by March 7 and enter code JURY2021 at checkout.
To order the 2021 Uniform Civil Jury Instructions supplement click here.
To order the 2021 Uniform Criminal Jury Instructions supplement click here.