Sweatmans Proposed Jury Charges Ocr¶

FILED 1/10/2024 12:38 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA

IN THE SUPERIOR COURT OF DEKALB COUNTY

STATE OF GEORGIA JONATHAN SWEATMAN, Petitioner, CIVIL ACTION FILE NO. v.

21CV9795-7

SARAH ZEEMAN,

Respondent.

PLAINTIFF / COUNTERCLAIM DEFENDANT JONATHAN SWEATMAN’S PROPOSED JURY CHARGES COMES NOW Jonathan Sweatman, Plaintiff / Counterclaim Defendant, in this case, and pursuant to O.C.G.A. § 5-5-24 and Uniform Superior Court Rule 10.3, hereby requests that the Court

charge the jury with the following “pattern” charges as listed below. Thereafter, Sweatman requests that the Court charge the jury with the “special” charges listed below. Sweatman reserves the right to withdraw, amend or supplement these requests pending any rulings by the Court or evidence presented. I.

00.030, Parties (Optional)

2.

00.040, Burden of Proof 00.050, Credibility of Witnesses 00.060, Conflicts in Evidence 00.020, Burden of Proof; Generally; Preponderance of Evidence, Defined 02.100, Evidence, Generally

02.110, Evidence, Direct or Circumstantial 02.120, Expert Witnesses

02.130, Credibility of Witnesses {SECURE Firm/271/02766/TRIAL/04398503.DOCX }1

10. 02.140, Conflicting of Evidence; Reconciliation 11 . 02.150, Impeachment of Witnesses

1. 02.158 Prior Statements

2. 02.500, Verdict; Form of 14 . 02.520, Verdict in Writing

3. 02.530, Court has no Interest in Case

4. 02.550, Sympathy
5. 02.570, Jury; Final Instructions

This 10th day of January 2024.

ROSE LITIGATION, LLC

BY: /s/ Lisa K. Rose Lisa Rose, Esq.

Georgia Bar No. 614204 Attorney for Plaintiff Sweatman 4880 Lower Roswell Road Ste. 165-522 Marietta, Georgia 30068 678.806.8188 lisa@roselitigation. lawyer

CRUSER, MITCHELL, NOVITZ

SANCHEZ, GASTON & ZIMET, LLP

BY: /s/ Chelsea T. Cooke Timothy Mitchell, Esq.

Georgia Bar No. 460744 Chelsea T. Cooke, Esq. Georgia Bar No. 209502 Attorney for Counterclaim Defendant Sweatman Meridian IT, Suite 2000

275 Scientific Drive Peachtree Corners, Ga 30092 404.881.2622 tmitchell@cmlawafirm.com

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE

(Burden of Proof)

The plaintiff has the burden of proof, which means that the plaintiff must prove whatever it takes to make his case, except for any admissions (in pleadings) by the defendant. The plaintiff must prove his case by what is known as a preponderance of the evidence; that is, evidence upon the issues involved, while not enough to wholly free the mind from a reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than to the other.

O.C.G.A. §§24-14-1, 24-14-3, 24-8-821, 9-11-36(b)

Superior Paving Inc. et al. v. Citadel Cement Corporation, 145 Ga. App. 6 (1978); Danforth v. Danforth, 156 Ga. App. 236, 239 (1980)

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE (Evidence)

Evidence is the means by which any fact that is put in question is established or disproved.

Evidence includes all of the testimony of the witnesses as well as the exhibits admitted during the trial. (It also includes any stipulations, which are facts agreed to by the attorneys.) Evidence may be either direct or circumstantial or both. In considering the evidence, you may use reasoning and common sense to make deductions and reach conclusions.

“Direct evidence” is the testimony of a person who asserts that he or she has actual knowledge of a fact (such

as

an eyewitness)

(such

as by

personally

observing or otherwise witnessing that fact).

“Circumstantial evidence” is proof of [a chain or set of] facts and/or circumstances that tend to prove or disprove another fact by inference (that is, by consistency with such fact or elimination of other facts). There is no legal difference in the weight you may give to either direct or circumstantial evidence.

(Adapted from 11th Circuit PJI, p. 21).

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE

(Judicial Notice)

I have taken judicial notice of certain facts or events. When the Court declares that it has taken judicial notice of some fact or event, you must accept the Court’s declaration as conclusive evidence and regard as proved the fact or event that has been judicially noticed.

General Instructions Updated January 2020 5 O.C.G.A. §24-2-201(g)(1)

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE (Credibility of Witnesses)

The jury must determine the credibility of the witnesses. In deciding this, you may consider all of the facts and circumstances of the case, including the witnesses’ manner of testifying, their intelligence, their means and opportunity of knowing the facts about which they testify, the nature of the facts about which they testify, the probability or improbability of their testimony, their interest or lack of interest in the outcome of the case, and their personal credibility as you observe it. See O.C.G.A. §§24-14-4, 24-6620

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE

(Witness, Attacked (Old Impeached))

In determining the credibility of witnesses and any testimony by them in court, you may consider, where applicable, evidence offered to

[(attack) (cast doubt upon) (challenge) the credibility or

believability of] [cause you to disbelieve] any such witness. This would include evidence of:

e

Character for untruthfulness. Shown by (opinion of other witnesses), (reputation) (O.C.G.A. §246-608 (a)); or “Bad Acts” (cross-examination only)—Specific instances of conduct of the witness (in question), brought out on cross-examination of (that) (another) witness that may relate to (that) witness’s (in question’s) character for untruthfulness. O.C.G.A. §24-6-608(b)(1) and (2).

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE (Witness, Impeached, Credibility Attacked)

To impeach a witness is to show that the witness is unworthy of belief. A witness may be impeached by disproving the facts to which the witness testified (O.C.G.A. § 24-6-621); OR The credibility of a witness may be attacked by disproving the facts to which the witness testified.

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE (Prior Statements)

Your assessment of a trial witness's credibility may be affected by comparing or contrasting that

testimony to statements or testimony of that same witness before the trial started. It is for you to decide whether there is a reasonable explanation for any inconsistency in a witness's pre-trial statements and testimony when compared to the same witness's trial testimony. As with all issues of witness credibility, you the jury must apply your common sense and reason to decide what testimony you believe or do not believe. O.C.G.A. §24-6-613.

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PLAINTIFF’S PROPOSED PATTERN JURY CHARGE

(Verdict; Form of) If you believe from (a preponderance of the evidence) (clear and convincing evidence) that the plaintiff is entitled to recover damages, you would find for the plaintiff and the form of your verdict would be, “We, the jury, find for the plaintiff in the sum of (blank) dollars.” (Where I have used the word “blank,”

you would insert such sum in dollars and cents as you think the plaintiff is entitled to recover.) If you do not think the plaintiff is entitled to recover damages based upon the evidence presented, you should find for the defendant, and the form of your verdict would be, “We, the jury, find for the defendant.”

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