California Civil Jury Instructions (CACI) (2017)

5007. Removal of Claims or Parties

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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 affırmative
defense]].
2. [Repeat for all claims, defenses, and parties that will go to the jury.]
New April 2004; Revised December 2011
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.
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