Wis JI-Civil 5001

It is undisputed in this case that the petitioner, , gave birth to a

(male, female) child in the of, County of,

State of, on the day of, 20, and that at the time of the

birth of that child, the petitioner was unmarried. The petition in this action alleges that

(respondent) is the father of that child.

(Respondent) denies that he is the father of the petitioner's child, and it is for you,

the jury, to determine from the evidence, under my instructions, whether (respondent) is

the father of (child).

Wis JI Civil 110, Arguments of Counsel

Wis JI Civil 115, Objections of Counsel

Wis JI Civil 120, Judge's Demeanor

Wis JI Civil 130, Stricken Testimony

Wis JI Civil 215, Credibility of Witnesses; Weight of Evidence

Wis JI Civil 260, Expert Testimony

Wis JI Civil 265, Expert Testimony: Hypothetical Question

Wis JI-Civil 205, Burden of Proof: Middle

The verdict consists of only one question.

"Is the respondent, , the father of,

born on the day of, 20 ?"

You must answer this question either "yes" or "no."

It is not necessary for (petitioner) to prove the exact date on which the child was

conceived. It must be proved to have occurred on such a date as will satisfy you [by the

degree of proof required] that (child) was the result of sexual intercourse with (respondent).

The testimony in this case established that the child, , was born

on the day of, 20, and weighed lbs. ozs. at birth.

A section of the Wisconsin statutes provides that the mother is competent to testify

as to the child's birth weight. Where such birth weight is 5 ½ pounds or more, the child is

presumed to be full term (unless competent evidence to the contrary is present). The

conception of the child shall be presumed to have occurred within a span of time extending

from 240 to 300 days before birth (unless competent evidence to the contrary is presented

to the court).

Therefore, petitioner's child is presumed to have been conceived between the

day of, 20, and the day of, 20.

(Previously the court ordered (child), (petitioner), and (respondent) to submit to

genetic tests. Although so ordered, (respondent) refused to submit to the genetic test. You

may consider the refusal along with all the other evidence in the case in determining

whether he is the father.)

Previously, the court ordered the child, the petitioner, and the respondent to submit

to genetic tests. The reports of those tests have been received in evidence as Exhibit.

The genetic test establishes a statistical probability of paternity. You may give the test

results such weight as you deem appropriate on the issue of whether (respondent) is the

father of (child).

(If the presumption of paternity applies, give the following instruction.)

In this case, the genetic test report establishes a statistical probability of % that

(respondent) is the father of (child). From this genetic test, a presumption arises that

(respondent) is the father of (child). But there is evidence in the case which may be

believed by you that (respondent) is not the father. You must resolve the conflict. Unless

you are convinced by the greater weight of the credible evidence, to a reasonable certainty,

that it is more probable that he is not the father, you must consider this presumption as

conclusive evidence of paternity and find that he is the father.

Wis JI-Civil 180, Five-Sixths Verdict.

Now, members of the jury, the duties of counsel and the court have been performed.

The case has been argued by counsel. The court has instructed you regarding the rules of

law which should govern you in your deliberations. The time has now come when the

great burden of reaching a just, fair, and conscientious decision of this case is to be thrown

wholly upon you, the jurors, selected for this important duty. You will not be swayed by

sympathy, prejudice, or passion. You will be careful and deliberate in weighing the

evidence. I charge you to keep your duty steadfastly in mind and, as upright citizens, to

render a just and true verdict.

When you retire to the jury room, your first duty will be to elect one juror to preside

over your deliberations and write in the answer you have agreed upon. His or her vote,

however, is entitled to no greater weight than the vote of any other juror. When your

deliberations are concluded and your answer inserted in the verdict, the presiding juror will

sign the verdict, fix the date on the verdict, and all of you will return with the verdict into

the court.

The clerk may now swear the bailiffs.

SPECIAL VERDICT

Is the respondent, , the father of,

born on the day of, 20 ?

Answer:

Yes or No