After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New September 2003; Revised December 2005, April 2008, October 2008,
December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 1704, Defamation per se—Essential
Factual Elements (Private Figure—Matter of Private Concern), and CACI No.
1720, Affırmative Defense—Truth. Delete question 4 if the affirmative defense of
the truth is not at issue.
The special verdict forms in this section are intended only as models. They may
need to be modiﬁed depending on the facts of the case.
Multiple statements may need to be set out separately, and if separate damages are
claimed as to each statement, separate verdict forms may be needed for each
statement because all the elements may need to be found as to each statement.
If speciﬁcity is not required, users do not have to itemize all the damages listed in
question 7. The breakdown is optional depending on the circumstances.
Give the jury question 3 only if the statement is not defamatory on its face.
In question 7, omit damage items c and d if the plaintiff elects not to present proof
of actual damages for harm to reputation and for shame, mortiﬁcation, or hurt
feelings. Whether or not proof for both categories is offered, include question 8.
For these categories, the jury may ﬁnd that no actual damages have been proven
but must still make an award of assumed damages.
Additional questions on the issue of punitive damages may be needed if the
defendant is a corporate or other entity.
Omit question 10 if the issue of punitive damages has been bifurcated.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
ﬁndings that are required in order to calculate the amount of prejudgment interest.