UJI 13-1002. Defamation action: Prima facie case; general statement of elements.

(A) The plaintiff claims that the following communication was defamatory and entitles the plaintiff to recover damages: ____________________________________________ ______________________________________________________________________ ______________________________________________________________________ (B) To establish the claim of defamation on the part of defendant, the plaintiff has the burden of proving each of the following contentions: [(1) The defendant published the communication; and] [(2) The communication contains a statement of fact; and] [(3) The communication was concerning the plaintiff; and] [(4) The statement of fact was false; and] [(5) The communication was defamatory; and] [(6) The person[s] receiving the communication understood it to be defamatory; and] [(7) The defendant [knew that the communication was false or negligently failed to recognize that it was false] [or] [acted with malice]; and] [(8) The communication caused actual injury to the plaintiff’s reputation; and] [(9) The defendant abused [its] privilege to publish the communication.] (C) The defendant denies the contention[s] of the plaintiff [and also claims in defense that (the communication was true)]. (D) To establish the defense of ________________________ (theory of affirmative defenses), the defendant has the burden of proving [at least one of] [each of] the following contention[s]: (NOTE: List disputed factual elements relevant to affirmative defense.) (NOTE: Repeat this format for each affirmative defense.) (E) Related to the claims, [plaintiff] [defendant] contends and has the burden of proving that: (NOTE: List each additional issue relevant to a party’s claim or defense together with a statement of the elements of the claim or defense about which there is a factual question for the jury to resolve. For example, if plaintiff seeks punitive damages, or relies upon a theory of respondeat superior, those issues should be treated initially here.) (This [these] contention[s] is [are] denied by [plaintiff] [defendant].) (NOTE: Repeat this format for each issue.) (F) After considering the evidence and these instructions as a whole, you are to determine the following question[s]: (NOTE: Here repeat the disputed contentions listed in (B) supra but now in the form of questions. For example, “Was the communication defamatory?”) If you decide that the answer to any of these questions is “No” you shall return a verdict for the defendant and against the plaintiff. If you decide that the answer to each of the questions presented is “Yes,” then [you are to determine the following question[s]: (NOTE: Here repeat the disputed contentions listed in (C) or (D), supra, but now in the form of questions. For example, “Was the communication true?”) If you decide that the answer to this [these] question[s] is [are] “Yes”, then you shall return a verdict for the defendant and against the plaintiff. If instead, you answer “No” to this [any of these] question[s], then you shall determine the amount of money that will compensate plaintiff for the plaintiff’s injuries and damages in accordance with the instructions which follow, and shall return a verdict for the plaintiff in the amount you determine.