CACI 5007 Removal of Claims or Parties and Remaining Claims and Parties

California Civil Jury Instructions CACI

5007 Removal of Claims or Parties and Remaining Claims and Parties

[[Name of plaintiff]’s claim for [insert claim] is no longer an issue in this case.]

[[Name of party] is no longer a party to this case.]

Do not speculate as to why this [claim/person] is no longer involved in the case. You should not consider this during your deliberations.

The following claims remain for you to resolve by your deliberations:

1.[Name of plaintiff]’s claim against [name of defendant] for [specify claim] [to which [name of defendant] alleges [specify affirmative defense]].

2.[Repeat for all claims, defenses, and parties that will go to the jury.]

Directions for Use

This instruction may be read if some of the claims and parties before the jury at the beginning of the trial (see CACI No. 101, Overview of Trial) are no longer to be resolved by the jury. The instruction then summarizes the claims and parties that remain for the jury to resolve. The advisory committee recommends that this instruction be read to the jury before reading instructions on the substantive law.

In the second part of the instruction that sets forth the remaining claims, include the optional language if there are affirmative defenses that the jury will be asked to determine.