CO · jury_instructions
CJI-Civ. 22:1
Libel or Slander Per Se — Where the Plaintiff Is a Public Official or Public Person or, If a Private Person, the Statement Pertained to a Matter of Public Interest or General Concern — Elements of Liability
The plaintiff, (name), claims that the defendant, (name), (published) (or) (caused to
be published) the following statement(s):
(Insert the text of the statement[s] determined by the court to be defamatory.)
For the plaintiff to recover from the defendant on (insert applicable pronoun) claim
of (libel) (slander), you must find that the following elements have been proved by a
preponderance of the evidence:
1. The defendant (published) (or) (caused to be published) the above statement(s) in
the same or substantially similar words; and
2. The statement(s) caused the plaintiff actual damage.
You must further find that the following elements have been proved by clear and
convincing evidence:
3. The substance or gist of the (statement was) (statements were) false at the time (it
was) (they were) published; and
4. At the time of publication, the defendant knew that the (statement was)
(statements were) false or the defendant made the statement(s) with reckless disregard as
to whether (it was) (they were) false.
If you find that the first or second element has not been proved by a preponderance
of the evidence or that the third or fourth element has not been proved by clear and
convincing evidence, then your verdict must be for the defendant.
On the other hand, if you find that the first and second elements have been proved
by a preponderance of the evidence and that the third and fourth elements have been
proved by clear and convincing evidence, (then your verdict must be for the plaintiff) (then
you must consider the defendant’s affirmative defense(s) of [insert any affirmative defense
that would be a complete defense to the plaintiff’s claim]).
If you find that (this affirmative defense has) (any one or more of these affirmative
defenses have) been proved by a preponderance of the evidence, then your verdict must be
for the defendant.
However, if you find that (this affirmative defense has not) (none of these
affirmative defenses have) been proved, then your verdict must be for 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
063c47dabb182c789d0ed6a9ddeb6f182b94ff08c3bebf734c210e967ecc9ca2
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