405.9 Issues on Plaintiff's Claim - Private Claimant, Non-Media Defendant The issues for you to decide on the claim of (claimant) against (defendant) are: a. Issue whether a defamatory publication concerning claimant was made as claimed: whether (defendant) made the statement concerning (claimant) as (claimant) claims; and, if so, whether the statement [tended to expose (claimant) to hatred, ridicule, or contempt] [or] [tended to injure (claimant) in his business, reputation, or occupation] [or] [charged that (claimant) committed a crime]. If the greater weight of the evidence does not support (claimant)'s claim on these issues, then your verdict should be for (defendant). However, if the greater weight of the evidence supports (claimant)'s claim on these issues, then [your verdict should be for (claimant) in the total amount of [his] [her] [its] damages] [you shall consider [the defense of truth and good motives] [and] [the defense of privilege] raised by (defendant)]. b. Defense issues of truth and good motives: On the [first] defense, the issue for your determination is whether the statement made by (defendant) was substantially true and was made by (defendant) with good motives. A statement is substantially true if its substance or gist conveys essentially the same meaning that the truth would have conveyed. In making this determination, you should consider the context in which the statement is made and disregard any minor inaccuracies that do not affect the substance of the statement. If the greater weight of the evidence supports this defense, your verdict should be for (defendant). If the greater weight of the evidence does not support this defense, [and the greater weight of the evidence supports (claimant)'s claim on these issues, then your verdict should be for (claimant) in the total amount of [his] [her] [its] damages.] [then you shall consider the defense of privilege raised by (defendant).] [If defendant has a qualified privilege as a matter of law, skip to instruction 405.9d.] c. Defense issue whether defendant had qualified privilege: On the defense of privilege, I instruct you that provided one does not speak with improper motives, which I shall explain in a moment, a person such as (defendant) is privileged to make a statement to [someone such as (name)] [an audience such as (describe)] about another such as (claimant), even if the statement is untrue, under the following circumstances: [Describe in general terms, sufficient for the jury to understand the interests protected by law, the facts which if proved would give rise to a qualified privilege. See General Note 6.] If the greater weight of the evidence does not show that these circumstances existed, then you must find that (defendant) had no privilege to make such a statement even with proper motives. However, if the greater weight of the evidence does show that (defendant) spoke under circumstances creating such a privilege, then you should decide whether (defendant), as (claimant) claims, made the statement with improper motives abusing that privilege. d. Issue whether defendant abused qualified privilege: (Defendant) had a privilege to make a statement even if untrue, provided he did so with proper motives. Such a privilege exists because [Describe in general terms, sufficient for the jury to understand the interests protected by law, the facts giving rise to the qualified privilege. See Note 6 following instruction 405.10.] The issue for you to decide is therefore whether, as (claimant) claims, (defendant) made the statement with improper motives abusing that privilege. One makes a false statement about another with improper motives if one's primary motive and purpose in making the statement is to gratify one's ill will, hostility and intent to harm the other, rather than [to advance or protect (defendant)'s interest, right or duty to speak to (name) on that subject] [or] [to advance or protect the interests of the person to whom the statement was made]. If the greater weight of the evidence does not support (claimant)'s claim that (defendant) abused any privilege [he] [she] [it] had [and the greater weight of the evidence does support the defense of privilege], then your verdict should be for (defendant). However, if the greater weight of the evidence supports (claimant)'s claim that (defendant) abused any privilege [he] [she] [it] had, then your verdict should be for (claimant) in the total amount of [his] [her] [its] damages. [Proceed to instruction 405.10, Defamation Damages.]