PATTERN JURY INSTRUCTION COMMISSION
June 11, 2014
Radisson Hotel, Fargo, North Dakota
MEMBERS PRESENT: J. Geiger, J. Irby, D. Lillehaug, J. Vendsel, P. Zuger (In Person); M. Armstrong, T. Kolb (via telephone)
MEMBERS ABSENT: J. Feland, J. Hagerty, J. Lee, P. Myerchin, J. Schmidt
Chair D. Lillehaug called the meeting to order.
Minutes: Minutes of the March 2014 meeting were reviewed.
Motion to approve: J. Vendsel
Second: J. Geiger
Financial Report: The 2013-15 PJIC budget is $31,564.00 and the Commission has spent $12,158.52 as of April 30. This amount is 38.52% of the budget with 41.67% of the biennium having passed.
Motion to approve the financial report: J. Geiger
Second: P. Zuger
1. Minutes and drafts from the March 2014 meeting were prepared and published.
2. Annual report was completed and submitted to SBAND and Judicial Conference.
3. SBAND was contacted regarding J. Vendsel and P. Zuger’s terms. Both are eligible for reappointment. Staff is waiting to hear from the Board of Governors.
4. Judicial Conference was contacted regarding J. Feland and J. Schmidt’s terms. Both were eligible for reappointment, and both have been reappointed.
5. Staff met with SBAND to discuss the online version of the JIGS. The incorrect JIGS have been taken down and currently the entire manual is available online in PDF format. SBAND will adopt a newer, more user-friendly format when the 2014 version of the JIGS are published.
1. Instructions: The instructions approved at the October 2013 and March 2014 meetings were reviewed.
Motion to publish the instructions: P. Zuger
Second: J. Vendsel
a. C-75.10, Severance Damages - P. Myerchin
b. C-75.24, Cost of Moving Personal Property - P. Myerchin
c. C-75.30, Attorney’s Fee and Costs in Eminent Domain - P. Myerchin
d. Instructions relating to changes in theft and DUI laws - P. Myerchin
e. C - 90.35 (eminent domain verdict form) - P. Myerchin
f. Creation of an expoliation instruction - P. Zuger
g. Indemnification instructions - P. Zuger
h. C - 5.00, Dram Shop Liability - J.Geiger
i. Landlord/Tenant (C-17’s) - J. Lee
j. C - 90.25, 90.26, 90.30 (various verdict forms) - T. Kolb
k. C - 9.05, Communication - Interpretation - M. Armstrong
l. New instruction relating to omitted child in estates - J. Vendsel
m. C - 40.20, Undue Influence - Burden of Proof - J. Vendsel
n. New instruction relating to lack of capacity - J. Vendsel
o. Balance of Estate instructions - J. Vendsel
p. General Professional Negligence instructions - P. Zuger
q. Civil Damages - D. Lillehaug
r. Medical Expenses, C-70.35 - J. Geiger
Meeting adjourned by Chair.
Jennifer M. Hauge
8585 62nd Ave SW
Carson, ND 58529-9617