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3.06 [1998 Revision] Burden of Proof-Libel or Slander-Punitive Damages Sought by a Plaintiff Not a Public Official or Public Figure
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Description
Instruction No 1 3.06 [1998 Revision] Burden of Proof--Libel or Slander--Punitive Damages Sought by a Plaintiff Not a Public Official or Public Figure In these instructions, you are told that your verdict depends on whether or not you believe certain propositions of fact submitted to you. The burden is upon plaintiff to cause you to believe that the evidence has clearly and convincingly established the propositions of fact required for the recovery of punitive damages as submitted in the second paragraph of Instruction Number (insert the number of the damage instruction, which will be MAI 4.15). However, on all other propositions of fact, the burden is upon the party who relies upon such proposition to cause you to believe that any such proposition is more likely to be true than not true. In determining whether or not you believe any proposition, you must consider only the evidence and the reasonable inferences derived from the evidence. If the evidence in the case does not cause you to believe a particular proposition submitted, then you cannot return a verdict requiring belief of that proposition.