ID · jury_instructions
IDJI 1.40.3
General format for charging instruction, general verdict, plaintiff’s case with affirmative defenses, no special interrogatories.[NOT for comparative negligence issues.]
The plaintiff has the burden of proof on each of the following propositions:
1. [Proposition No. 1.]
2. [Proposition No. 2.]
3. [Etc.] In this case, the defendant has asserted the affirmative defense that [describe the affirmative defense alleged.] On this affirmative defense, the defendant has the burden of proof on each of the following propositions:
1. [Proposition No. 1.]
2. [Proposition No. 2.]
3. [Etc.] If you find from your consideration of all the evidence that the plaintiff has proved each of the propositions required of the plaintiff for the case in chief, and further find that the defendant has failed to prove each of the propositions required for the affirmative defense, your verdict should be for the plaintiff.
If you find that the plaintiff has failed to prove each of the propositions required for the case in chief, or find that the defendant has proved each of the propositions required for the affirmative defense, your verdict should be for the defendant.
Comment:
This instruction is for use with a general verdict form, where special interrogatories will not be used. This instruction, and the general verdict form contemplated by its use, could apply where the affirmative defense is a complete defense to the plaintiff’s claim. If the defense is only a partial defense, or operates only to reduce the damages, or there are additional considerations of comparative fault, a special verdict on jury interrogatories would clarify the issues better. In such case, a set of charging instructions for use with special interrogatories would be a better choice.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
54a2573198cabf370a1c812220a7d544ec749d89b18f5f1dbb8fd0c174852dfc
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.