UJI 13-302D. Statement of factual contentions of defendant(s), causation and burden of proof.

To establish __________________________ (theory of affirmative defense, e.g., excuse or justification, negligence of another, etc.), the defendant(s) [has] [have] the burden of proving [at least one of] [each of] the following: ______________________________________________________________________ ___________________. (NOTE: List by number each claimed act, omission, or condition, etc., referenced to the specific party or non-party, which is supported by substantial evidence and that remains at issue.) To establish ___________________________ (theory of second affirmative defense by name), (NOTE: The format of the first paragraph is to be repeated for the contentions of all factually distinguishable affirmative defenses that remain at issue.) The defendant(s) also say(s), and [has] [have] the burden of proving, that _______________________ (negligence of plaintiff(s) [and] [or] negligence of others) was a cause of the [injuries and] damages. [As a counterclaim, the defendant(s) seek(s) compensation from the plaintiff(s) for damages which defendant(s) say(s) were caused by __________________________ (theory of counterclaim by name). To establish ______________________________ (theory of counterclaim by name) on the part of [a] plaintiff(s), the defendant(s) [has] [have] the burden of proving [at least one of] [each of] the following: ______________________________________________________________________ _________________. (NOTE: List by number each claimed act, omission, or condition, etc., referenced to specific plaintiffs, which is supported by substantial evidence and that remains at issue.) The defendant(s) also [has] [have] the burden of proving, that such ___________________ (theory of counterclaim by name) was a cause of the [injuries and] damages.] The plaintiff(s) deny(ies) what defendant(s) say(s) [and plaintiff(s) say(s) that __________ (theory of affirmative defense to counterclaim not already at issue under preceding claims). To establish ____________________ (theory of affirmative defense to counterclaim by name) on the part of defendant(s), the plaintiff(s) [has] [have] the burden of proving __________________].