CO · jury_instructions
CJI-Civ. 17:11
Actual Damages
Plaintiff, (name), has the burden of proving the nature and extent of (insert
applicable pronoun) damages by a preponderance of the evidence. If you find in favor of the
plaintiff, you must determine the total dollar amount of the plaintiff’s damages, if any, that
were caused by the abuse of process by the defendant(s), (name(s)), (and) (the [insert
appropriate description, e.g., “negligence”], if any, of any designated nonparties).
In determining these damages, you shall consider the following:
1. Any noneconomic losses or injuries the plaintiff has had to the present time or
that the plaintiff will probably have in the future, including: any physical pain and
suffering, mental anguish, fear, anxiety, humiliation, embarrassment, indignity, and public
disgrace, and any loss to the plaintiff’s reputation which were caused by the abuse of
process.
2. Any economic losses or injuries the plaintiff has had to the present time or that
the plaintiff will probably have in the future, including: court costs, reasonable attorney
fees, and any other reasonable expenses the plaintiff has had in defending (insert applicable
pronoun) in any (proceeding) (or) (trial) against (insert applicable pronoun), (and) a
reasonable amount for the time (insert applicable pronoun) lost in preparing for and in
attending the proceeding or trial of the case, loss of income, damage to (insert applicable
pronoun) business, (and) (insert any other items of special damage of which there is sufficient
evidence) which were caused by the abuse of process.
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
e23ac45e4b9af8dc714a6b6e0436f5f240f628178a4baf2b4d61840f85d75b42
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