EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 These Amended Proposed Jury Instructions and Verdict Fo1m incorporate all pnor submissions and revisions and also contain other revisions and additions based on the Courts recent rulings as to the admissibility of various evidence at trial Edwards has also included his Verdict Fo1m which was inadve1iently left off the initial filing I HEREBY CERTIFY that a true and con-ect copy of the foregoing was sent via E-Serve to qrv all Counsel on the attached list this day of March JACK SCAROLA ii i F,K9rlcla Bar No Attorney E-Mail jsx searcylaw.com and mmccann searcylaw.com Primary E-Mail scarolateam searcylaw.com Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach Florida Phone Fax Attorneys for Bradley Edwards EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Scott Link Esq Link Rockenbach P.A Scott linkrocklaw.com Kara linkrocklaw.com Palm Beach Lakes Boulevard Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein COUNSEL LIST Jack A Goldberger Esquire jgoldberger agwpa.com smahoney agwpa.com Atterbury Goldberger Weiss P.A Australian A venue Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Nichole Segal Esquire njs FLAppellateLaw.com kbt FLAppellateLaw.com Burlington Rockenbach P.A Railroad Avenue Suite West Palm Beach FL Phone Attorneys for Bradley Edwards Bradley Edwards Esquire staff.efile pathtojustice.com Andrews A venue Suite Fort Lauderdale FL Phone Fax Marc Nurik Esquire marc nuriklaw.com One Broward Blvd Suite Fort Lauderdale FL Phone Fax Attorneys for Scott Rothstein EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 PROPOSED JURY INSTRUCTIONS DESCRIPTION OF THE CASE Welcome The Clerk will now administer your oath Now that you have been sworn Id like to give you an idea about what we are here to do This is a civil trial A civil trial is different from a criminal case where a defendant is charged by the state prosecutor with committing a crime The subject of a civil trial is a disagreement between people or companies or others as appropriate where the claims of one or more of these parties have been brought to court to be resolved It is called a trial of a lawsuit This case concerns the following Beginning in the summer of Bradley Edwards represented three females and Jane Doe who alleged to have been sexually molested as minors by Jeffrey Epstein At the same time dozens of other alleged victims were identified as having been sexually molested by Jeffrey Epstein and many of those underage children retained lawyers in order to file civil claims against Epstein Attorney Edwards in coordination with those other attorneys took a leading role in coordinated discovery efforts in those sexual abuse lawsuits Also in the summer of Attorney Edwards was lead counsel in a separate lawsuit against the federal government which sought to invalidate the Non-Prosecution Agreement that Epstein had entered into with the federal government Under the Non-Prosecution Agreement the Federal Government agreed to refrain.from filing Federal criminal charges against Epstein in exchange for Epstein pleading guilty to two state felony charges concerning his alleged molestation of children for which he was registered as a Sex Offender and sentenced to months incarceration followed by a period of house arrest In April of Attorney Edwards took a job at the Rothstein Rosenfeldt and Adler law firm Approximately six months later while Attorney Edwards was prosecuting his clients sexual molestation/abuse claims against Epstein and pursing the separate federal action to invalidate the Non-Prosecution Agreement it was publicly disclosed that the senior partner in the Rothstein Rose11feldt Adler law firm Scott Rothstein had secretly been engaged in a massive Ponzi scheme since Rothstein 1s scheme raised hundreds of millions qf dollars from to and was one of the largest frauds in US history While Rothstein Ponzi scheme began years before Attorney Edwards sued Epstein and years before Attorney Edwards was employed by Rothstein law firm after Edwards joined the firm Rothstein used the claims against Epstein to attract additional Ponzi scheme investors The fact that Rothstein used the pending claims against Epstein to attract investors in the Ponzi scheme is not disputed Epstein sued Edwards for knowingly assisting Rothstein in the Ponzi scheme and accused Edwards in that Complaint of committing a number of serious criminal offenses Whether Epstein had probable cause to support that claim is an issue for you to decide in this case EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Rothstein scheme was disclosed by the media in November of and on December I Rothstein was indicted by the federal government Bradley Edwards name was never associated with Rothstein criminal scheme and he was not indicted or criminally investigated Nonetheless six days later Jeffi Epstein sued Rothstein Bradley Edwards and L.M one of Epsteins victims At the time Epstein filed this lawsuit he had already settled thirteen sexual molestation claims brought by other underage females and he faced more than two dozen pending sexual molestation claims including those being pursued by Mr Edwards on behalf of L.M and Jane Doe Mr Edwards also continued to pursue thefederal action to invalidate the Non-Prosecution Agreement and continues to prosecute that claim through the present In his 5-count lawsuit Jeff,-ey Epstein alleged that Mr Edwards committed numerous crimes against Epstein while prosecuting fabricated or exaggerated sexual abuse claims in civil lawsuits on behalf of Mr Edwards three underage clients L.M and Jane Doe According to Jeffrey Epsteins lawsuit these claims were weak and had minimal value and the real reason Mr Edwards pursued those false sexual molestation claims on behalf of the minor child victims was to knowingly assist in a criminal Ponzi scheme In the lawsuit Jeffrey Epstein also sought in part to stop all of the lawsuits that had been filed by L.M and Jane Doe the three underage females represented by Edwards regarding the sexual molestation committed upon them by Epstein Mr Edwards contends that Jefji-ey Epstein filed knowingly false allegations in the absence of probable cause and with malice when he filed the lawsuit in and that Jeffrey Epstein continued to prosecute these knowingly false allegations for years This case therefore concerns whether Jeff,-ey Epstein had probable cause lo file and continue that lawsuit against Attorney Bradley Edwards alleging that Mr Edwards had committed criminal acts against Jeffrey Epstein while Edwards was prosecuting fabricated or exaggerated sexual abuse claims in civil lawsuits on behalf of three underage female children L.M and Jane Doe who Edwards alleged were repeatedly sexually molested by Jeffrey Epstein over a period of years when they were minor children Epstein claims he had probable cause to file the claims against Edwards in and that he had probable cause to continue pursuing those claims through the time when Epstein dismissed those claims in August Bradley Edwards contends that the lawsuits he prosecuted on behalf of his clients were well-founded Although Jeffrey Epstein sued Bradley Edwards based in part on the allegation that the lawsuits were not well-founded he has recently conceded that all of the lawsuits Attorney Edwards filed on behalf of L.M and Jane Doe were filed by Bradley Edwards in good-faith Mr Edwards further contends that Jeffi Epstein filed the lawsuit against Attorney Edwards in order to intimidate Mr Edwards into abandoning or cheaply compromising his clients claims and to intimidate the dozens of other victims who were pursuing claims against Jeffrey Epstein Mr Edwards further contends that Jeffi Epsteinfiled this suit out ofmalicefor Mr Edwards who was coordinating much of the discovery being taken by all of the alleged underage victims notjust L.M and Jane Doe Finally Mr Edwards contends that Jeffrey Epstein filed this lawsuit to punish Attorney Edwards for a lawsuit Attorney Edwards had filed against the federal government in which Attorney Edwards on behalf of his clients sought to overturn the plea agreement Jeffrey Epstein had entered into with the federal government which EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jmy Instructions and Verdict Form Page of55 in essence immunized Jeffrey Epstein from being federally prosecuted for the federal sex offenses the government had discovered had been committed against at least minors Attorney Edwards defended against Epsteins lawsuit challenging it on the grounds that it had no legal or factual support Shortly before the Court was scheduled to rule on Mr Edwards challenge Epstein dismissed all of his claims against Attorney Edwards Furthermore Epstein allowed the statute of limitations to expire making it legally impossible for Epstein to bring any claims based on the conduct he sued upon in the original complaint While Epstein denies Bradley Edwards claim for malicious prosecution Epstein has refused to answer any questions about the validity of the civil claims Edwards prosecuted on behalf of L.M and Jane Doe Finally although Epstein claimed that the cases being pursued by L.M and Jane Doe were weak and had minimal value and were only being pursued by Edwards in furtherance of Edwards participation in a criminal Ponzi scheme Epstein eventually settled the claims brought by Bradley Edwards for a total of million EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES Judge/Court I am the Judge You may hear people occasionally refer to me as The Court That is the formal name for my role My job is to maintain order and decide how to apply the rules of the law to the trial I will also explain various rules to you that you will need to know in order to do your job as the jury It is my job to remain neutral on the issues of this lawsuit Parties A party who files a lawsuit is called the Plaintiff A party that is sued is called the Defendant Attorneys The attorneys have the job of representing their clients That is they speak for their clients here at the trial They have taken oaths as attorneys to do their best and to follow the rules of their profession Plaintiffs Counsel The attorney on this side of the courtroom Jack Scarola represents Bradley Edwards and is the person who filed the claim in dispute His job is to present his clients side of things to you Mr Scarola and his client will be referred to most of the time as the plaintiff Mr Scarola will you please introduce who is sitting at the table with you Defendants Counsel The attorney on this side of the comiroom Scott Link represents Jeffrey Epstein the one who has been sued His job is to present his clients side of things to you He and his client will usually be referred to here as the defendant Mr Link will you please introduce who is sitting at the table with you Court Clerk This person sitting in front of me name is the court clerk He/She is here to assist me with some of the mechanics of the trial process including the numbering and collection of the exhibits that are introduced in the course of the trial EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Court Repo1ier The person sitting at the stenographic machine name is the court reporter His/Her job is to keep an accurate legal record of everything we say and do during this trial Bailiff The person over there name is the bailiff His/Her job is to maintain order and security in the courtroom The bailiff is also my representative to the jury Anything you need or any problems that come up for you during the course of the trial should be brought to him/her However the bailiff cannot answer any of your questions about the case Only I can do that Jury Last but not least is the jury which we will begin to select in a few moments from among all of you The jurys job will be to decide what the facts are and what the facts mean Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit In order to have a fair and lawful trial there are rules that all jurors must follow A basic rule is that jurors must decide the case only on the evidence presented in the courtroom You must not communicate with anyone including friends and family members about this case the people and places involved or your jury service You must not disclose your thoughts about this case or ask for advice on how to decide this case I want to stress that this rule means you must not use electronic devices or computers to communicate about this case including tweeting texting blogging e-mailing posting information on a website or chat room or any other means at all Do not send or accept any messages to or from anyone about this case or your jury service You must not do any research or look up words names maps or anything else that may have anything to do with this case This includes reading newspapers watching television or using a computer cell phone the Internet any electronic device or any other means at all to get information related to this case or the people and places involved in this case This applies whether you are in the courthouse at home or anywhere else EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Many of you may have cell phones tablets laptops or other electronic devices with you here in the courtroom You cannot have any cell phones tablets laptops or other electronic devices in the courtroom You may use these devices during recesses but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case Do not take photographs video recordings or audio recordings of the proceedings or your fellow jurors At the end of the case while you are deliberating you must not communicate with anyone outside the jury room If someone needs to contact you in an emergency the court can receive messages and deliver them to you without delay A contact phone number will be provided to you What are the reasons for these rules These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom If you investigate research or make inquiries on your own outside of the courtroom the trial judge has no way to make sure that the information you obtain is proper for the case The parties likewise have no opportunity to dispute or challenge the accuracy of what you find That is contrary to our judicial system which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence Any independent investigation by a juror unfairly and improperly prevents the parties from having that oppo1iunity our judicial system promises Any juror who violates these restrictions jeopardizes the fairness of these proceedings and a mistrial could result that would require the entire trial process to start over A mistrial is a tremendous expense and inconvenience to the parties the court and the taxpayers If you violate Alternative Instruction EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 these rules you may be held in contempt of court and face sanctions such as serving time in jail paying a fine or both All of your communications with courtroom personnel or me will be part of the record of these proceedings That means those communications shall either be made in open court with the court reporter present or if they are in writing the writing will be filed with the court clerk I have instructed the courtroom personnel that any communications you have with them outside of my presence must be reported to me and I will tell the parties and their attorneys about any communication from you that I believe may be of interest to the parties and their attorneys However you may communicate directly with courtroom personnel about matters concerning your comfort and safety such as juror parking location of break areas how and when to assemble for duty dress what personal items can be brought into the courthouse or jury room If you become aware of any violation of these instructions or any other instruction I give in this case you must tell me by giving a note to the bailiff EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 EXPLANATION OF THE VOIR DIRE PROCESS The last thing I want to do before we begin to select the jury is to explain to you how the selection process works Questions/Challenges This is the part of the case where the parties and their lawyers have the opportunity to get to know a little bit about you in order to help them come to their own conclusions about your ability to be fair and impartial so they can decide who they think should be the jurors in this case How we go about that is as follows First Ill ask some general questions of you Then each of the lawyers will have more specific questions that they will ask of you After they have asked all of their questions I will meet with them and they will tell me their choices for jurors Each side can ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or she might be unable to be fair and impartial That is what is called a challenge for cause The lawyers also have a certain number of what are called peremptory challenges by which they may exclude a person from the jury without giving a reason By this process of elimination the remaining persons are selected as the jury It may take more than one conference among the parties their attorneys and me before the final selections are made Purpose of Questioning The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs but it is important that the parties and their attorneys know enough about you to make this important decision If a question is asked that you would prefer not to answer in front of the whole comiroom,just let me know and you can come up here and give your answer just in front of the attorneys and me If you have a question of either the attorneys or me dont hesitate to let me know Response to Questioning There are no right or wrong answers to the questions that will be asked of you The only thing that I ask is that you answer the questions as frankly and EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of as honestly and as completely as you can You will take an oath to answer all questions truthfully and completely and you must do so Remaining silent when you have information you should disclose is a violation of that oath as well If a juror violates this oath it not only may result in having to try the case all over again but also can result in civil and criminal penalties against a juror personally So again it is very important that you be as honest and complete with your answers as you possibly can If you dont understand the question please raise your hand and ask for an explanation or clarification In sum this is a process to assist the parties and their attorneys to select a fair and impaial jury All of the questions they ask you are for this purpose If for any reason you do not think you can be a fair and impartial juror you must tell us EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of INTRODUCTION You have now taken an oath to serve as jurors in this trial Before we begin I am going to tell you about the rules of law that apply to this case and let you know what you can expect as the trial proceeds It is my intention to give you some of the rules of law but it might be that I will not know for sure all of the law that will apply in this case until all of the evidence is presented However I can anticipate most of the law and give it to you at the beginning of the trial so that you will better understand what to be looking for while the evidence is presented If I later decide that different or additional law applies to the case I will tell you In any event at the end of the evidence I will give you the final instructions on which you must base your verdict At that time you will have a complete written set of the instructions so you do not have to memorize what I am about to tell you The following are the rules of law expected to apply in this case READ RELEVANT INSTRUCTIONS BEGINNING AT PG EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 EXPLANATION OF THE TRIAL PROCEDURE Now that you have heard the law I want to let you know what you can expect as the trial proceeds Opening Statements In a few moments the attorneys will each have a chance to make what are called opening statements In an opening statement an attorney is allowed to give you his/her views about what the evidence will be in the trial and what you are likely to see and hear in the testimony Evidentiary Phase After the attorneys opening statements the plaintiffs will bring their witnesses and evidence to you Evidence Evidence is the info1mation that the law allows you to see or hear in deciding this case Evidence includes the testimony of the witnesses documents and anything else that I instruct you to consider Witnesses A witness is a person who takes an oath to tell the truth and then answers attorneys questions for the jury The answering of attorneys questions by witnesses is called giving testimony Testimony means statements that are made when someone has sworn an oath to tell the truth The plaintiffs lawyer will normally question the witness first That is called direct examination Then the defense lawyer may ask the same witness additional questions about whatever the witness has testified to That is called cross-examination Certain documents or other evidence may also be shown to you during direct or cross-examination After the plaintiffs witnesses have testified the defendant will have the opportunity to put witnesses on the stand and go through the same process Then the plaintiffs lawyer gets to do cross examination The process is designed to be fair to both sides EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 It is important that you remember that testimony come from witnesses The attorneys do not give testimony and they are not themselves witnesses Objections Sometimes the attorneys will disagree about the rules for trial procedure when a question is asked of a witness When that happens one of the lawyers may make what is called an objection The rules for a trial can be complicated and there are many reasons for the attorneys to object You should simply wait for me to decide how to proceed If I say that an objection is sustained that means the witness may not answer the question If I say that the objection is overruled that means the witness may answer the question When there is an objection and I make a decision you must not assume from that decision that I have any particular opinion other than that the rules for conducting a trial are being correctly followed If I say a question may not be asked or answered you must not try to guess what the answer would have been That is against the rules too Side Bar Conferences Sometimes I will need to speak to the attorneys about legal elements of the case that are not appropriate for the jury to hear The attorneys and I will try to have as few of these conferences as possible while you are giving us your valuable time in the courtroom But ifwe do have to have such a conference during testimony we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you to leave the courtroom Recesses Breaks in an ongoing trial are usually called recesses During a recess you still have your duties as a juror and must follow the rules even while having coffee at lunch or at home Instructions Before Closing Arguments After all the evidence has been presented to you I will instruct you on the law that you must follow It is important that you remember these instructions to assist you in evaluating the final attorney presentations which come next and later during your deliberations to help you correctly sort through the evidence to reach your decision EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of Closing Arguments The attorneys will then have the opportunity to make their final presentations to you which are called closing arguments Final Instructions After you have heard the closing arguments I will instruct you further in the law as well as explain to you the procedures you must follow to decide the case Deliberations After you hear the final jury instructions you will go to the jury room and discuss and decide the questions I have put on your verdict form You will have a copy of the jury instructions to use during your discussions The discussions you have and the decisions you make are usually called jury deliberations Your deliberations are absolutely private and neither I nor anyone else will be with you in the jury room Verdict When you have finished answering the questions you will give the verdict form to the bailiff and we will all return to the courtroom where your verdict will be read When that is completed you will be released from your assignment as a jury Finally before we begin the trial I want to give you just a brief explanation of rules you must follow as the case proceeds Keeping an Open Mind You must pay close attention to the testimony and other evidence as it comes into the trial However you must avoid forming any final opinion or telling anyone else your views on the case until you begin your deliberations This rule requires you to keep an open mind until you have heard all of the evidence and is designed to prevent you from influencing how your fellow jurors think until they have heard all of the evidence and had an opportunity to form their own opinions The time and place for coming to your final opinions and speaking about them with your fellow jurors is during deliberations in the jury room after all of the evidence has been presented closing arguments have been made and I have instructed you on the law It is important that you hear all of the facts and that you hear the law and how to apply it before you start deciding anything EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Consider Only the Evidence It is the things you hear and see in this courtroom that matter in this trial The law tells us that a juror can consider only the testimony and other evidence that all the other jurors have also heard and seen in the presence of the judge and the lawyers Doing anything else is wrong and is against the law That means that you must not do any work or investigation of your own about the case You must not obtain on your own any information about the case or about anyone involved in the case from any source whatsoever This includes reading newspapers watching television or using a computer cell phone the Internet any electronic device or any other means at all to get information related to this case or the people and places involved in this case This applies whether you are in the courthouse at home or anywhere else You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during trial Do not provide any information about this case to anyone including friends or family members Do not let anyone including the closest family members make comments to you or ask questions about the trial Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved So do not let even the closest family members make comments to you or ask questions about the trial In this age of electronic communication I want to stress again that just as you must not talk about this case face-to-face you must not talk about this case by using an electronic device You must not use phones tablets computers or other electronic devices to communicate Do not send or accept any messages related to this case or your jury service Do not discuss this case or ask for advice by any means at all including posting information on an Internet website chat room or blog No Mid-Trial Discussions When we are in a recess do not discuss anything about the trial or the case with each other or with anyone else If attorneys approach you dont speak with them The law says they are to avoid contact with you If an attorney will not look at you or speak to EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 you do not be offended or fonn a conclusion about that behavior The attorney is not supposed_to interact with jurors outside of the courtroom and is only following the rules The attorney is not being impolite If an attorney or anyone else does try to speak with you or says something about the case in your presence please inform the bailiff immediately Only the Jury Decides Only you get to deliberate and answer the verdict questions at the end of the trial I will not intrude into your deliberations at all I am required to be neutral You should not assume that I prefer one decision over another You should not try to guess what my opinion is about any part of the case It would be wrong for you to conclude that anything I say or do means that I am for one side or another in the trial Discussing and deciding the facts is your job alone EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 NOTE-TAKING BY JURORS If you would like to take notes during the trial you may do so On the other hand of course you are not required to take notes if you do not want to That will be left up to you individually You will be provided with a note pad and a pen for use if you wish to take notes Any notes that you take will be for your personal use However you should not take them with you from the courtroom During recesses the bailiff will take possession of your notes and will return them to you when we reconvene After you have completed your deliberations the bailiff will deliver your notes to me They will be destroyed No one will ever read your notes If you take notes do not get so involved in note-taking that you become distracted from the proceedings Your notes should be used only as aids to your memory Whether or not you take notes you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors Notes are not entitled to any greater weight than each jurors memory of the evidence EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 JUROR QUESTIONS Questions for the court or courtroom personnel During the trial you may have a question about these proceedings If so please write it down and hand it to the bailiff who will then hand it to me I will review your question with the parties and their attorneys before responding Questions for witnesses You also may have a question you think should be asked of a witness If so there is a way for you to request that I ask the witness a question After all the attorneys have completed their questioning of the witness you should raise your hand if you have a question I will then give you sufficient time to write the question on a piece of paper fold it and give it to the bailiff who will pass it to me Do not put your name on the question show it to anyone or discuss it with anyone I will then review the question with the attorneys Under our law only certain evidence may be considered by a jury in determining a verdict You are bound by the same rules of evidence that control the attorneys questions If I decide that the question may not be asked under our rules of evidence I will tell you Otherwise I will direct the question to the witness The attorneys may then ask follow-up questions if they wish If there are additional questions from jurors we will follow the same procedure again By providing this procedure I do not mean to suggest that you must or should submit written questions for witnesses In most cases the lawyers will have asked the necessary questions EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 DEPOSITION TESTIMONY INTERROGATORIES STIPULATED TESTIMONY STIPULATIONS AND ADMISSIONS a Deposition or prior testimony Members of the jury the sworn testimony of name given before trial will now be presented You are to consider and weigh this testimony as you would any other evidence in the case Interrogatories Members of the jury answers to interrogatories will now be read to you Interrogatories are written questions that have been presented before trial by one party to another They are answered under oath You are to consider and weigh these questions and answers as you would any other evidence in the case Stipulated testimony Members of the jury the parties have agreed that if name of witness were called as a witness he/she would testify read or describe the testimony You are to consider and weigh this testimony as you would any other evidence in the case Stipulations Members of the jury the parties have agreed to certain facts You must accept these facts as true Read the agreed facts Jeffrey Epstein has conceded that Bradley Edwards had a good-faith basis to file all of the civil lawsuits alleging sexual abuse against Jeffrey Epstein on behalf of L.M E.W and Jane Doe By conceding tit at all of the lawsuits were filed in good-faith Jeffrey Epstein ltas not conceded tit at lte in fact committed any of the alleged acts against L.M E.W and Jane Doe only that Bradley Edwards tad a good-faith basis to reasonably believe that Jeffrey Epstein tad in fact committed the alleged acts As to wltetlter in fact lte committed lite alleged acts Jeffrey Epstein has asserted his th Amendment right to remain silent EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Admissions Applicable to all parties Members of the jury identify the party or parties that have admitted the facts You must accept these facts as true Read the admissions Applicable to fewer than all parties Members of the jury identify the party or parties that have admitted the facts You must accept these facts as true in deciding the issues between identify the affected parties but these facts should not be used in deciding the issues between identify the unaffected parties Read the admissions EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY PHOTOGRAPHIC OR PHYSICAL EVIDENCE IS ADMITTED The describe item of evidence has now been received in evidence Witnesses may testify about or refer to this or any other item of evidence during the remainder of the trial This and all other items received in evidence will be available to you for examination during your deliberations at the end of the trial EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO JURORS The describe item of evidence has been received in evidence It is being shown to you now to help you understand the testimony of this witness and other witnesses in the case as well as the evidence as a whole You may examine describe item of evidence briefly now It will also be available to you for examination during your deliberations at the end of the trial EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE AIDS a Generally This witness will be using identify demonstrative or visual aid to assist in explaining or illustrating his/her testimony The testimony of the witness is evidence however these identify demonstrative or visual aids are not to be considered as evidence in the case unless received in evidence and should not be used as a substitute for evidence Only items received in evidence will be available to you for consideration during your deliberations Specially created visual or demonstrative aids based on disputed assumptions This witness will be using identify demonstrative aids to assist in explaining or illustrating his/her testimony These items have been prepared to assist this witness in explaining his/her testimony They may be based on assumptions which you are free to accept or reject The testimony of the witness is evidence however these identify demonstrative or visual aids are not to be considered as evidence in the case unless received in evidence and should not be used as a substitute for evidence Only items received in evidence will be available to you for consideration during your deliberations EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Fo1m Page of EVIDENCE ADMITTED FOR A LIMITED PURPOSE The describe item of evidence has now been received into evidence It has been admitted only for the purpose of describe purpose as to name party You may consider it only for that purpose as it might affect name party You may not consider that evidence for any other purpose as to any other party EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of INTRODUCTION Members of the jury you have now heard and received all of the evidence in this case I am now going to tell you about the rules of law that you must use in reaching your verdict You will recall at the beginning of the case I told you that if at the end of the case I decided that different law applies I would tell you so These instructions are slightly different from what I gave you at the beginning and it is these rules of law that you must now follow When I finish telling you about the rules of law the attorneys will present their final arguments and you will then retire to decide your verdict EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 SUMMARY OF CLAIMS The claims in this case for your consideration are as follows Bradley Edwards claims that Jeffrey Epstein maliciously and without probable cause filed and continued to prosecute a lawsuit against Mr Edwards That lawsuit alleged that Mr Epstein was injured by Mr Edwards commission of various criminal acts while pursuing fabricated or exaggerated sexual abuse claims against Jeffrey Epstein on behalf of three clients According to the lawsuit Jeffrey Epstein filed against Mr Edwards Mr Edwards pursued the claims solely as part of Mr Edwards knowing participation in an illegal Ponzi scheme with Scott Rothstein Mr Edwards claims that he was damaged by the false and malicious claims that Mr Epstein filed against him Jeffrey Epstein denies that claim The parties must prove all claims and defenses by the greater weight of the evidence I will now define some of the terms you will use in deciding this case EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 GREATER WEIGHT OF THE EVIDENCE Greater weight of the evidence means the more persuasive and convincing force and effect of the entire evidence in the case EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 PROBABLE CAUSE Probable cause means that at the time of instituting the civil proceeding against Bradley Edwards the facts and circumstances known to Jeffrey Epstein were sufficiently strong to support a reasonable belief that the claims made by Jeffrey Epstein against Bradley Edwards were supp011ed by existing facts In order for probable cause to exist on the pm1 of Jeffrey Epstein the facts known to Jeffrey Epstein must be such that a prudent man would set in motion the filing of the civil lawsuit Where however it would appear to a cautious man that further investigation is justified before filing the civil lawsuit then the failure to perform that additional investigation may form the basis to conclude that such person lacked probable cause to file the civil lawsuit Authority Liabos Harman I So 2d Fla 2d DCA EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 LEGAL MALICE One acts with legal malice in instituting or continuing a civil proceeding against another if he does so for the primary purpose of injuring the other or recklessly and without regard for whether the proceeding is justified or for any primary purpose except to establish what he or she considers to be a meritorious claim In determining whether Jeffrey Epstein acted maliciously you may consider all the circumstances at the time of the conduct complained of including any lack of probable cause to institute or continue the proceeding Durkin Davis So.2d Fla 2d DCA As to malice on the part of the defendants the plaintiff need not allege actual malice legal malice is sufficient and may be inferred from among other things a lack of probable cause gross negligence or great indifference to persons property or the rights of others Here the allegations supporting a lack of probable cause are evidence from which a jury could infer malice emphasis added EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 INSTITUTING OR CONTINUING A PROCEEDING One is regarded as having instituted a civil proceeding against another if the proceeding resulted directly and in natural and continuous sequence from his actions so that it reasonably can be said that but for his actions the proceeding would not have been instituted EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Fo1m Page of LEGAL CAUSE a Legal cause generally The malicious institution of a proceeding is a cause of loss injury or damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such loss injury or damage so that it can reasonably be said that but for the malicious institution of a proceeding the loss injury or damage would not have occuITed Concurring cause In order to be regarded as a legal cause of loss injury or damage the malicious institution of such a proceeding need not be the only cause The malicious institution of a proceeding may be a legal cause of loss injury or damage even though it operates in combination with the act of another or some other cause if the malicious institution of a proceeding contributes substantially to producing such loss injury or damage Intervening cause The malicious institution of a proceeding may also be a legal cause of loss injury or damage even though it operates in combination with the act of another some natural cause or some other cause occurring after the malicious institution of a proceeding occurs if such other cause was itself reasonably foreseeable and the malicious institution of a proceeding contributes substantially to producing such loss injury or damage or the resulting loss injury or damage was a reasonably foreseeable consequence of the malicious institution of a proceeding and the malicious institution of a proceeding contributes substantially to producing it EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 ISSUES ON CLAIM The issues you must decide on Bradley Edwards claim against Jeffrey Epstein are whether Jeffrey Epstein maliciously and without probable cause either instituted or continued a civil proceeding against Bradley Edwards which later terminated in favor of Bradley Edwards and if so whether that action was a legal cause of loss injury or damage to Bradley Edwards EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 BURDEN OF PROOF ON CLAIM If the greater weight of the evidence does not support Bradley Edwards claim your verdict should be for Jeffrey Epstein However if the greater weight of the evidence supports Bradley Edwards claim that Jeffrey Epstein either Maliciously and without probable cause initiated a civil proceeding against Bradley Edwards or Maliciously and without probable cause continued a civil proceeding against Bradley Edwards or Maliciously and without probable cause both initiated and continued a civil proceeding against Bradley Edwards then your verdict should be for Bradley Edwards and against Jeffrey Epstein EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 MALICIOUS PROSECUTION DAMAGES If you find for Jeffrey Epstein you will not consider the matter of damages But if you find for Bradley Edwards you should award Bradley Edwards an amount of money that the greater weight of the evidence shows will fairly and adequately compensate Bradley Edwards for such loss injury or damage as the greater weight of the evidence shows was caused by the institution of the proceeding complained of If you find for Bradley Edwards you shall consider the following elements of damage COMPENSATORY DAMAGES a Jnjwy to reputation shame humiliation mental anguish hurt feelings Any injury to reputation and any shame humiliation mental anguish and hurt feelings experienced in the past or to be experienced in the future There is no exact standard for fixing the compensation to be awarded on account of such elements of damage Any award should be fair and just in the light of the evidence Loss of Capacity for the Enjoyment of Life Any loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future There is no exact standard for measuring such damage The amount should be fair and just in the light of the evidence Lost time When lost time shown The reasonable value of any time lost in the past in defending against Jeffrey Epsteins lawsuit EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 AMOUNT OF LOSS OR HARM IS UNCERTAIN OR DIFFICULT TO EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 PUNITIVE DAMAGES BIFURCATED PROCEDURE a First stage of bifi1rcated punitive damages procedure There is an additional claim in this case that you must decide If you find for Bradley Edwards and against Jeffrey Epstein you must decide whether in addition to compensatory damages punitive damages are warranted as punishment to Jeffrey Epstein and as a dete1Tent to others The trial of the punitive damages issue is divided into two pai1s In this first part you will decide whether the conduct of Jeffrey Epstein is such that punitive damages are warranted If you decide that punitive damages are warranted we will proceed to the second part of that issue during which the parties may present additional evidence and ai 267gument on the issue of punitive damages I will then give you additional instructions after which you will decide whether in your discretion punitive damages will be assessed and if so the amount I Punitive damages for acts of an individual defendant Bradley Edwards claims that punitive damages should be awarded against Jeffrey Epstein for his conduct in filing a lawsuit against Bradley Edwards with malice and in the absence of probable cause Punitive damages are warranted against Jeffrey Epstein if you find by clear and convincing evidence that Jeffrey Epstein was guilty of intentional misconduct or gross negligence which was a substantial cause ofloss injury or damage to Bradley Edwards Under those circumstances you may in your discretion award punitive damages against Jeffrey Epstein If clear and convincing evidence does not show such conduct by Jeffrey Epstein punitive damages are not warranted against Jeffrey Epstein Intentional misconduct means that Jeffrey Epstein had actual knowledge of the wrongfulness of the conduct and there was a high probability of injury or damage to Bradley Edwards and despite that knowledge he intentionally pursued that course of conduct resulting in injury or damage Gross negligence means that Jeffrey Epsteins conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life safety or rights of persons exposed to such conduct Clear and convincing evidence differs from the greater weight of the evidence in that it is more compelling and persuasive As I have already instructed you greater weight of the evidence means the more persuasive and convincing force and effect of the entire evidence in the case Second stage of bifi1rcated punitive damage procedure I Opening instruction second stage Members of the jury I am now going to tell you about the rules of law that apply to detennining whether punitive damages should be assessed and if so in what amount When I finish with these instructions the parties will present additional evidence You should consider this additional evidence along with the evidence already presented and you should decide any disputed factual issues by the greater weight of the evidence Greater weight of the evidence means the more persuasive and convincing force and effect of the entire evidence in the case Instructions lb are designed for use in most common-law tort cases However certain types of intentional torts may require a punitive damage charge appropriate to the particular tort See e.g First Interstate Development Corp Ablanedo So.2d Fla Metropolitan Life Insurance Co McCarson So.2d Fla The same may be true when punitive damages are authorized by statute See e.g Home Insurance Co Owens So.2d Fla 4th DCA EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Punitive damages determination of amount You are to decide the amount of punitive damages if any to be assessed as punishment against Jeffrey Epstein and as a deterrent to others This amount would be in addition to the compensatory damages you have previously awarded In making this determination you should consider the following A the nature extent and degree of misconduct and the related circumstances including the following i whether at the time of loss injury or damage Jeffrey Epstein had a specific intent to harm Bradley Edwards and the conduct of Jeffrey Epstein did in fact harm Bradley Edwards and The financial resources of Jeffrey Epstein However you may not award an amount that would financially destroy Jeffrey Epstein You may in your discretion decline to assess punitive damages cl Closing instruction second stage Members of the jury you have now heard and received all of the evidence on the issue of punitive damages Your verdict on the issues raised by the punitive damages claim of Bradley Edwards against Jeffrey Epstein must be based on the evidence that has been received during the trial of the first phase of this case and on the evidence that has been received in these proceedings and the law on which I have instructed you In reaching your verdict you are not to be swayed from the performance of your duty by prejudice or sympathy for or against any party Your verdict must be unanimous that is your verdict must be agreed to by each of you You will be given a form of verdict which I shall now read to you When you have agreed on your verdict the foreman or forewoman acting for the jury should date and sign the verdict You may now retire to consider your verdict EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 WEIGHING THE EVIDENCE In deciding this case it is your duty as jurors to decide the issues and only those issues that I submit for your determination by answering certain questions I ask you to answer on a special form called a verdict form You must come to an agreement about what your answers will be Your agreed-upon answers to my questions are called your jury verdict The evidence in this case consists of the sworn testimony of the witnesses all exhibits received in evidence and all facts that were admitted or agreed to by the parties and any fact of which the court instructs you to accept In reaching your verdict you must think about and weigh the testimony and any documents photographs or other material that has been received in evidence You may also consider any facts that were admitted or agreed to by the lawyers Your job is to determine what the facts are You may use reason and common sense to reach conclusions You may draw reasonable inferences from the evidence But you should not guess about things that were not covered here And you must always apply the law as I have explained it to you EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 BELIEVABILITY OF WITNESSES Let me speak briefly about witnesses In evaluating the believability of any witness and the weight you will give the testimony of any witness you may properly consider the demeanor of the witness while testifying the frankness or lack of frankness of the witness the intelligence of the witness any interest the witness may have in the outcome of the case the means and opportunity the witness had to know the facts about which the witness testified the ability of the witness to remember the matters about which the witness testified and the reasonableness of the testimony of the witness considered in the light of all the evidence in the case and in the light of your own experience and commons sense You have heard opinion testimony on certain technical subjects from persons referred to as expert witnesses You may accept such opinion testimony reject it or give it the weight you think it deserves considering the knowledge skill experience training or education of the witness the reasons given by the witness for the opinion expressed and all the other evidence in the case EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 ADVERSE INFERENCE INSTRUCTION FIFTH AMENDMENT An individual is constitutionally protected by the Fifth Amendment to the United States Constitution from being compelled to provide evidence against himself in a criminal proceeding and guilt of a crime may not be inferred from the exercise of the Fifth Amendment right to remain silent However the prohibition against drawing an adverse inference that applies in a criminal proceeding does not apply in a civil lawsuit when a person based upon the Fifth Amendment refuses to answer questions and evidence is offered against him which is relevant to the case Therefore if you find that Jeffrey Epstein refused to answer questions when confronted with relevant evidence against him on the ground that his answers may tend to incriminate him then you may but are not required to infer that his answers would have incriminated him You may consider this together with the other evidence in determining the issues of this case but a Judgment against Jeffrey Epstein cannot rest solely on the adverse inference Authority Fla St Jury Ins la Baxter Palmigiano U.S Coquina Investments Rothstein No WL S.D Fla Sept EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 FEDERAL RULE OF EVIDENCE FLORIDA STATUTE SECTION Federal Rule of Evidence and Florida Statute provide that in a civil case involving a claim for relief based on a paiiy alleged sexual assault or child molestation the Comi may admit evidence that the party committed any other sexual assault or child molestation As a consequence of these provisions in both federal and state law proper pretrial discovery by Bradley Edwards in the civil lawsuits against Jeffrey Epstein was not limited to the investigation of the offenses alleged to have been committed by Jeffrey Epstein against the three clients represented by Bradley Edwards The law expressly allowed Mr Edwards to conduct discovery of and to fully investigate any other sexual assault or child molestation which may have been committed by Jeffrey Epstein EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jmy Instructions and Verdict Form Page of55 NATURAL AND PROBABLE CONSEQUENCES Jeffrey Epstein has conceded and does not dispute that he filed the Complaint at issue against LM Scott Rothstein and Bradley Edwards on December and he continued to prosecute claims against Bradley Edwards until he voluntarily dismissed those claims on August In determining what Jeffrey Epsteins intention was at the time he filed and prosecuted claims against Bradley Edwards the law presumes that he intended the natural and probable consequences of his acts Accordingly if you find that Jeffrey Epstein filed and prosecuted false claims against Bradley Edwards then he is presumed to have intended to file and prosecute false claims unless that presumption is rebutted by other evidence EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Litigation Privilege The law does not allow a separate lawsuit to be based on conduct that occurs in and is related to another legal proceeding That protection called the litigation privilege does not prevent the application of other remedies such as contempt of court proceedings the filing of professional grievances or prosecution for pe1jury but lawsuits for damages are not allowed In his lawsuit against Bradley Edwards Jeffrey Epstein alleged that Bradley Edwards engaged in discovery in the cases on behalf ofL.M E.W and Jane Doe including the noticing of ce1iain depositions that was improper and caused Jeffrey Epstein to spend money on attorneys fees to defend against that discovery Jeffrey Epstein claims that these monies constitute damages that are recoverable in his independent lawsuit against Bradley Edwards However if the investigation Bradley Edwards engaged in was reasonably calculated to lead to the discovery of admissible evidence regarding any part of the claims being pursued by L.M E.W and Jane Doe including but not limited to their potential claims for punitive damages against Jeffrey Epstein then the discovery conducted by Bradley Edwards was relevant to those proceedings and is protected by absolute immunity Thus if you find that the discovery being taken by Bradley Edwards was relevant to the potential claims being pursued by his three clients then you must also find that Jeffrey Epstein could not properly pursue an independent lawsuit against Bradley Edwards to recover any claimed damages for attorneys fees as those claims were absolutely barred by Floridas litigation privilege Echevarria Mccalla Raymer Barrett Frappier Cole So 2d Fla In Myers Hodges Fla So this Court recognized the principle of the litigation privilege in Florida essentially providing legal immunity for actions that occur in judicial proceedings In that case involving a libel suit based on statements contained in a complaint this Court established a qualified litigation privilege requiring that the alleged defamatory statements be relevant to the judicial proceeding Under our holding once this threshold showing was met the statements were entitled to immunity EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Jeff rev Epsteins Failure to Testify at Trial The failure of Jeffrey Epstein to appear or testify as to material facts within his knowledge creates an inference that he refrained from appearing or testifying because the truth if revealed would not be favorable to him See Geiger Mather of Lakeland Inc So 2d Fla 4th DCA It is a general rule that the failure of a party to appear or testify as to material facts within his knowledge creates an inference that he refrained from appearing or testifying because the truth if made to appear would not aid his contention This appears to be the clear weight of authority throughout the country EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 The Sword-Shield Doctrine Under Florida law Jeffrey Epstein is not permitted to file a civil proceeding against Bradley Edwards and then invoke a privilege to avoid discovery on the claims made by Jeffrey Epstein against Bradley Edwards in that civil proceeding An issue you are deciding in this case is whether Jeffrey Epstein initiated and continued claims against Bradley Edwards in the absence of probable cause If you find that Jeffrey Epstein was asked to provide information about whatever probable cause he may have had and rather than provide that information he instead refused to answer relevant questions then you are permitted but are not required to infer that Jeffrey Epsteins answers would have been adverse to his position and would have demonstrated a lack of probable cause See DePalma DePalma So 2d Fla 4th DCA It is well settled in this district that a person may not seek affirmative relief in a civil action and then invoke the fifth amendment to avoid giving discovery using the fifth amendment as both a sword and a shield EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of Epsteins Failure to Raise Advice of Counsel as a Defense Jeffrey Epstein had the option in this case of claiming that after he provided his attorney with a full and complete disclosure of all the facts known to Jeffrey Epstein his attorney advised him to institute the civil proceeding against Bradley Edwards This defense called advice of counsel would have been a complete defense to Bradley Edwards malicious prosecution action Jeffrey Epstein however chose not to raise this defense and failed to call any of his attorneys as a witness in support of his defense to Bradley Edwards malicious prosecution claim The failure of Jeffrey Epstein to present testimony of his own attorneys who are within his control and who may have knowledge of facts at issue justifies an adverse inference against Jeffrey Epstein You therefore may but are not required to infer that Jeffrey Epstein failed to call his attorneys because his attorneys testimony would have been unfavorable to Jeffrey Epsteins claim that Jeffrey Epstein had probable cause to initiate the civil proceeding against Bradley Edwards See Paulk Buczynski So 2d Fla 2d DCA As mentioned above defendant alleged that the perjury prosecution against plaintiff was instituted upon advice of counsel Such is a complete defense to an action for malicious prosecution however such advice of counsel must be based upon a full and complete disclosure of all the facts See Tri-State Systems Inc Department of Transportation So 2d Fla 1st DCA The failure of a party to present the testimony of a person within his control who has knowledge of the fact at issue justifies an inference adverse to that party see also Haliburton State So 2d Fla McLaughlin Union-Leader Corp N.H N.H affirming trial courts ruling permitting counsel to comment on the opposing paitys failure to call its attorney in defense of the claims EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 CONCLUDING INSTRUCTION BEFORE FINAL ARGUMENT That is the law you must follow in deciding this case The attorneys for the pmiies will now present their final arguments When they are through I will have a few final instructions about your deliberations EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 SECTION 700-CLOSING INSTRUCTIONS Members of the jury you have now heard all the evidence my instructions on the law that you must apply in reaching your verdict and the closing arguments of the attorneys You will shortly retire to the jury room to decide this case Before you do so I have a few last instructions for you During deliberations jurors must communicate about the case only with one another and only when all jurors are present in the jury room You will have in the jury room all of the evidence that was received during the trial In reaching your decision do not do any research on your own or as a group Do not use dictionaries the Internet or any other reference materials Do not investigate the case or conduct any experiments Do not visit or view the scene of any event involved in this case or look at maps or pictures on the Internet If you happen to pass by the scene do not stop or investigate All jurors must see or hear the same evidence at the same time Do not read listen to or watch any news accounts of this trial You are not to communicate with any person outside the jury about this case Until you have reached a verdict you must not talk about this case in person or through the telephone writing or electronic communication such as a blog twitter e-mail text message or any other means Do not contact anyone to assist you such as a family accountant doctor or lawyer These communications rules apply until I discharge you at the end of the case If you become aware of any violation of these instructions or any other instruction I have given in this case you must tell me by giving a note to the bailiff Any notes you have taken during the trial may be taken to the jury room for use during your discussions Your notes are simply an aid to your own memory and neither your notes nor those of any other juror are binding or conclusive Your notes are not a substitute for your own EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 memory or that of other jurors Instead your verdict must result from the collective memory and judgment of all jurors based on the evidence and testimony presented during the trial At the conclusion of the trial the bailiff will collect all of your notes and immediately destroy them No one will ever read your notes In reaching your verdict do not let bias sympathy prejudice public opinion or any other sentiment for or against any party to influence your decision Your verdict must be based on the evidence that has been received and the law on which I have instructed you Reaching a verdict is exclusively your job I cannot paicipate in that decision in any way and you should not guess what I think your verdict should be from something I may have said or done You should not think that I prefer one verdict over another Therefore in reaching your verdict you should not consider anything that I have said or done except for my specific instructions to you Pay careful attention to all the instructions that I gave you for that is the law that you must follow You will have a copy of my instructions with you when you go to the jury room to deliberate All the instructions are important and you must consider all of them together There are no other laws that apply to this case and even if you do not agree with these laws you must use them in reaching your decision in this case When you go to the jury room the first thing you should do is choose a presiding juror to act as a foreperson during your deliberations The foreperson should see to it that your discussions are orderly and that everyone has a fair chance to be heard It is your duty to talk with one another in the jury room and to consider the views of all the jurors Each of you must decide the case for yourself but only after you have considered the evidence with the other members of the jury Feel free to change your mind if you are convinced that your position should be different You should all try to agree But do not give up your EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 honest beliefs just because the others think differently Keep an open mind so that you and your fellow jurors can easily share ideas about the case I will give you a verdict form with questions you must answer I have already instructed you on the law that you are to use in answering these questions You must follow my instructions and the form carefully You must consider each question separately Please answer the questions in the order they appear After you answer a question the form tells you what to do next I will now read the form to you read form of verdict You will be given state number forms of verdict which I shall now read to you read fonn of verdict If you find for Bradley Edwards your verdict will be in the following fonn read form of verdict If you find for Jeffrey Epstein your verdict will be in the following form read form of verdict Your verdict must be unanimous that is your verdict must be agreed to by each of you When you have agreed on your verdict and finished filling out the form your foreperson must write the date and sign it at the bottom and return the verdict to the bailiff If any of you need to communicate with me for any reason write me a note and give it to the bailiff In your note do not disclose any vote or split or the reason for the communication You may now retire to decide your verdict EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually BRADLEY EDWARDS individually and L.M individually Defendant I VERDICT FORM Please answer each of the following questions Did Jeffrey Epstein initiate or continue a civil claim against Bradley Edwards maliciously and without probable cause Yes No If your answer is No do not address question below If however your answer is Yes please proceed to question What is the amount of damage if any sustained by Bradley Edwards to his reputation and due to shame humiliation mental anguish and hurt feelings as a consequence of the wrongdoing by Jeffrey Epstein What is the amount of damage if any sustained by Bradley Edwards for loss of capacity for the enjoyment of life as a consequence of the wrongdoing by Jeffrey Epstein What is the amount of damage if any sustained by Bradley Edwards for lost time in the past as a consequence of the wrongdoing by Jeffrey Epstein EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 Do you find by clear and convincing evidence that punitive damages are wananted against Jeffrey Epstein Yes No EDWARDS ADV EPSTEIN Case No Defendant/Counter-Plaintiffs Amended Proposed Jury Instructions and Verdict Form Page of55 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually BRADLEY EDWARDS individually and L.M individually Defendant I VERDICT FORM Please answer each of the following questions What is the total amount of punitive damages if any which you find by the greater weight of the evidence should be assessed against Jeffrey Epstein If you elect not to assess punitive damages against Jeffrey Epstein you should enter a zero as the amount of damages and sign and date the verdict form If you have elected not to assess punitive damages against Jeffrey Epstein then you should skip the remaining questions and sign and date the verdict fonn If however you have elected to assess punitive damages against Jeffrey Epstein then you should answer the following questions At the time of loss injury or 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