WI · jury_instructions
Wis JI-Civil 2610
Malicious Prosecution: Advice of Counsel: Affirmative Defense (Criminal Proceeding)
(Defendant), contends that prior to instituting a criminal prosecution against
(plaintiff), (he) (she) made a full and fair disclosure to (the district attorney) ([his] [her] own
lawyer) of the material facts within (his) (her) knowledge which relate to (plaintiff)'s alleged
commission of the criminal offense of.
The term "full and fair disclosure of the material facts within the knowledge of
(defendant)," does not necessarily mean all the facts discoverable, but rather all the facts
within the knowledge of the person making the statements. If (defendant) knew facts, either
personally or in reliance upon credible information, and fully and fairly stated them to (the
district attorney) ([his] [her] own lawyer), and honestly acted upon the advice given (him)
(her) in commencing the criminal proceedings, it can then be said that (defendant) had
probable cause or good reason to press criminal charges.
(Defendant) has the burden to satisfy you by the greater weight of the credible
evidence, to a reasonable certainty, that, prior to (instituting) (pursuing) (continuing)
(assisting) a criminal prosecution, (defendant) did make a full and fair disclosure to (the
district attorney) ([his] [her] own lawyer) of all material information possessed by (him) (her)
in relation to the alleged criminal offense and honestly followed the advice of (the district
attorney) ([his] [her] own lawyer).
SPECIAL VERDICT
Question 1: Before (instituting) (assisting in) (continuing) (pursuing) criminal
charges against (plaintiff), did (defendant) make a full and fair
disclosure of facts to (the district attorney) ([his] [her] own attorney)?
ANSWER: __________
(yes or no)
If you answered no to Question 1, then answer this question:
Question 2: Did (defendant) maliciously prosecute (plaintiff)?
ANSWER: __________
(yes or no)
Question 3: What sum of money will compensate (plaintiff) for [insert damages]?
ANSWER: __________
History
Wis JI-Civil 2610 (2015). ©2015, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
81106423fac25ee72ec75a25eb47015593cfc9ca848d789a1be1dbcd6154c52a
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