MS · jury_instructions

Proposed Mississippi Plain Language Model Jury Instructions - Civil 5036

Damages - Real Property - Wrongful Attachment

activein force · 2012-02-17 – presentas-observed

If [name of plaintiff or landowner] has proved that it is more likely true than not true that

[name of defendant] wrongfully attached [name of plaintiff or landowner]’s real property, then

you should consider the following factors in determining the amount to award [name of plaintiff

or landowner] for damage to [his/her/its] real property:

1. All reasonable expenses that the landowner has or owes in defending the lawsuit, including

attorney’s fees, loss of the landowner’s time, and reasonable expenses in having the property

restored to [him/her/it];

2A. If the property was damaged during the period of attachment, then the difference between the

fair market value of the property before the attachment and the fair market value of the property

once it was damaged;

2B. If the property can be repaired or restored to its original fair market value, then the

reasonable cost of repairs to the property;

AND

3. The reasonable rent or payment for use of the property while the [name of plaintiff or

landowner]’s property was attached.

History

Proposed Mississippi Plain Language Model Jury Instructions - Civil 5036 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: fe50188f48880be2f9e757ff8bfce545421afa68b25cbf32e22ce96aa12011f1

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