CO · jury_instructions
CJI-Civ. 17:7
Affirmative Defense — Advice of Attorney
The defendant, (name), is not legally responsible to the plaintiff, (name), on (insert
applicable pronoun) claim of malicious prosecution if you find that the defendant has
proved the affirmative defense of advice of attorney. This affirmative defense is proved if
you find all of the following:
1. The defendant made a full, fair, and honest disclosure to an attorney of all the
facts the defendant knew or reasonably should have known concerning the guilt or
innocence of the plaintiff;
2. The attorney (advised the defendant that there were reasonable grounds to
believe that the plaintiff may have committed a crime) (or) (recommended the defendant
take the action that was a cause of the criminal case being brought against the plaintiff);
and
3. The defendant acted in good faith on the attorney’s advice in causing the case to
be brought against the plaintiff.
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
0e42e385199b092c82306d2e932019a83b86b60c0d9c26f085868cab5fcc2222
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