WI · jury_instructions
Wis JI-Civil 2611
Malicious Prosecution: Advice of Counsel: Affirmative Defense (Civil Proceeding)
(Defendant) contends that prior to commencing a civil proceeding against (plaintiff),
(he ) (she) made a full and fair disclosure to ([his] [her] lawyer) of all the material facts
within (his) (her) knowledge which relate to the civil proceeding.
The term "full and fair disclosure of all of the material facts within the knowledge of
the 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 ([his]
[her] lawyer), and honestly acted upon the advice given (him) (her) in commencing the civil
proceedings, it can then be said that (defendant) had probable cause or good reason to start
the civil proceeding.
(Defendant) has the burden to satisfy you by the greater weight of the credible
evidence, to a reasonable certainty, that, prior to starting the civil proceeding, (defendant)
made a full and fair disclosure to ([his] [her] lawyer) of all material information possessed by
(him) (her) in relation to the civil proceeding and honestly followed the advice of ([his] [her]
lawyer).
SPECIAL VERDICT
Question 1: Before commencing the civil proceeding against (plaintiff), did
(defendant) make a full and fair disclosure of facts to ([his] [her]
attorney) and honestly follow the advice of the 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 2611 (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
a1fba2cb701fa20ea34cb34badde53b95e5649a3caa2ea6018e9bb21dfc5a61d
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