CO · jury_instructions
CJI-Civ. 32:8
Elements of Liability
For the plaintiff, (name) to recover from the defendant, (name) on (insert applicable
pronoun) claim for replevin, you must find that all of the following have been proved by a
preponderance of the evidence:
1. The plaintiff, (name), (owned) (possessed) (had a right to possess) (a) (an) (insert
item of personal property); and
2. That (insert item of personal property) (is) (was) being kept or detained by the
defendant contrary to the plaintiff’s ownership or right to possess it.
If you find that one or both of these statements has not been proved, then your
verdict must be for the defendant.
On the other hand, if you find that both of these statements have been proved, (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.
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
ab6fc5f55f01e6ad6376d959e29bfeed3c241c77cb0066f22dad1ed4558f0d8c
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