Free Proposed Jury Instructions - District Court of Arizona - Arizona

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GAONA LAW FIRM
A PROFESSIONAL CORPORATION

3101 NORTH CENTRAL AVE, SUITE 720 PHOENIX, ARIZONA 85012 _____________

(602) 230-2636 Fax (602) 230-1377

David F. Gaona, State Bar No. 007391 Nicole Seder Cantelme, State Bar No. 021320 Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MONICA ORTEGA-GUERIN, Plaintiff, vs. CITY OF PHOENIX, FRANK FAVELA, AND FRANK PERALTA Defendants. Defendants respectfully submit the following additional jury instructions for consideration and inclusion in the final set of jury instructions to be presented to the jury in this case: Defendants' Requested Jury Instruction No. 7- All Persons Equal Before the Law. Defendants' Requested Jury Instruction No. 8 - Multiple Defendants Defendants' Requested Jury Instruction No. 9 - Number of Witnesses /// /// /// /// No. CV04-0289 PHX MHM DEFENDANTS' REQUESTED SUPPLEMENTAL JURY INSTRUCTIONS

Case 2:04-cv-00289-MHM

Document 57

Filed 12/06/2005

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

/// DATED this 6th day of December, 2005. GAONA LAW FIRM /s/ David F. Gaona David F. Gaona Nicole Seder Cantelme Attorneys for Defendants

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GAONA LAW FIRM

2 Case 2:04-cv-00289-MHM Document 57 Filed 12/06/2005 Page 2 of 6

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

CERTIFICATE OF SERVICE I hereby certify that on December 6, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Stephen G. Montoya, Esq. MONTOYA JIMENEZ, P.A. The Great American Tower 3200 North Central Avenue, Suite 2550 Phoenix, Arizona 85012 I further certify that on December 6, 2005, the attached document was handdelivered to: The Honorable Mary H. Murguia United States District Court for the District of Arizona Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003 s/David F. Gaona

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GAONA LAW FIRM

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

No. 7 ­ All Persons Equal Before the Law This case should be considered and decided by you as an action between persons of equal standing in the community, of equal worth, and in the same or similar stations of life. Corporations are entitled to the same fair trial at your hands as a private individual. All persons, including municipal corporations, partnerships, unincorporated associations, or other organizations, are equal before the law and are to be dealt with as equals in a court of justice. Given Refused Given as Modified Withdrawn

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GAONA LAW FIRM

SOURCE: Federal Jury Practice and Instructions, Civil, Volume III

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

No. 8 ­ Multiple Defendants Although there are three defendants in this action, it does not follow from that fact alone that if one is liable, all three are liable. Each defendant is entitled to a fair consideration of its own defense and is not to be prejudiced by the fact, and if it should become a fact, that you find against the other. Unless otherwise stated, all instructions given you govern the case as to each defendant. Given Refused Given as Modified Withdrawn

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GAONA LAW FIRM

SOURCE: Federal Jury Practice and Instructions, Civil, Volume III

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

No. 8 ­ Number of Witnesses You are not bound to decide any issues of fact in accordance with the testimony of any number of witnesses which does not produce in your mind a belief in the likelihood of trial, as against the testimony of a lesser number of witnesses or other evidence which has produced such belief in your mind. The test is not which side brings the greater number of witnesses, or presents the great quantity of evidence; but which witness, and which evidence, appeals to your minds as being most accurate, and otherwise trustworthy. Given Refused Given as Modified Withdrawn

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GAONA LAW FIRM

SOURCE: Federal Jury Practice and Instructions, Civil, Volume III

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