Va. Model Jury Instr. Civ. No. 37.095

You shall return your verdict for the plaintiff if he has proved by the greater weight of the

evidence that:

(1) the defendant made the following statement: (words of statement); and

(2) it was about the plaintiff; and

(3) it was [heard; seen] by someone other than the plaintiff; and

(4) it was false; and

(5) the statement [tends to so harm the reputation of the plaintiff as to lower him in the estimation of

the community or to deter others from associating or dealing with him; the statement makes the plaintiff

seem repulsive, infamous, or ridiculous]; and

(6) the plaintiff sustained actual damage as a result of the statement, and

if the plaintiff further proved by clear and convincing evidence

(7) that the defendant knew the statement to be false or made it so recklessly as to amount to a

willful disregard for the truth, that is, with a high degree of awareness that the statement was

probably false. [; and

(8) that the defendant abused his privilege to make a defamatory statement, as described in Instruction

No. ______ (Instruction No. 37.050)]

You shall find your verdict for the defendant if the plaintiff failed to prove any one or more of

the (number of elements) elements above.