Section 12.9 Affirmative Defense Instructions

• Library: Civil Trial Practice 2015 Supp

F. (§12.9) Affirmative Defense Instructions

Chapter 32 and portions of Chapter 37 of MAI contain verdict-directing instructions to be used by defendants in submitting affirmative defenses. Affirmative defense instructions are, in essence, verdict directors that direct a verdict in favor of the defendant (or an assessment of a percentage of fault to the plaintiff) upon the finding of certain hypothesized facts. The defendant submitting the instruction bears the burden of proof and must have evidentiary support for each element of the instruction submitted. To that end, the defendant occupies the same status as the plaintiff on the plaintiff’s...