CJI-Civ. 22:2

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] claimed to be defamatory of the plaintiff.)

For the plaintiff to recover from the defendant on (insert applicable pronoun) claim

of (libel) (slander), you must find by a preponderance of the evidence that:

1. The defendant (published) (or) (caused to be published) the statement(s) set forth

above in the same or substantially similar words; and

2. (The) (One or more) (reader[s]) (listener[s]) (viewer[s]) (recipient[s]) of the

publication understood the statement to be defamatory; and

3. The publication of the statement(s) caused special damages to the plaintiff.

You must further find by clear and convincing evidence that:

4. The (statement was) (statements were) about the plaintiff;

5. The substance or gist of the (statement was) (statements were) false at the time it

was published; and

6. 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 or not.

If you find that any one or more of the first, second, or third elements has not been

proved by a preponderance of the evidence or that any one or more of the fourth, fifth, or

sixth elements 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, second, and third elements have been

proved by a preponderance of the evidence and that the fourth, fifth, and sixth 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 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.