M Civ JI 41.01 Two or More Defendants - Separate Consideration - Repeating Instructions

There are [ number ] defendants in this trial. Each defendant is entitled to separate consideration of [ his / or / her ] own defense. I shall not repeat my instructions for each defendant. Unless I tell you otherwise, all instructions apply to each defendant.

Note on Use

The use of this instruction will tend to eliminate repeating instructions on behalf of two or more defendants on issues and questions of law applicable to more than one defendant. It is recommended that this be given either before or after M Civ JI 7.01 Issues for the Jury and Theories of the Parties, in the discretion of the judge.

Exception: In cases of claimed vicarious liability in which the relationship of the defendants is admitted or exists as a matter of law, this instruction should not be given.

Comment

The Michigan Supreme Court has not considered the specific question of repetition of instructions due to more than one party’s being present in the case. But see Hayes v Coleman, 338 Mich 371; 61 NW2d 634 (1953); Mack v Precast Industries, 369 Mich 439; 120 NW2d 225 (1963).

History

M Civ JI 41.01 was SJI 41.03.