Introduction
These Model Jury Instructions have been drafted by a committee of Superior Court judges. They are designed to be legally accurate and easy for jurors to understand and for judges and practitioners to use. The court continually updates these instructions to keep them legally current.
Judges may use these models as is, adapt them, use other models (such as those published by the District Court), or compose their own. Judges have broad discretion when deciding how to instruct juries.
These Model Jury Instructions sometimes use the pronouns “he,” “him,” or “his” for convenience, but judges should use appropriate gender pronouns for each case.
The Superior Court welcomes comments and suggestions concerning these instructions, which may be sent to Superior Court Chief Legal Counsel Alex Philipson at alex.philipson@jud.state.ma.us.
Drafting plain language jury instructions
Drafting Guidelines (3/18/21)
Drafting Template (3/1/21)
Tutorial on using the template (3/1/21)
Civil instruction scripts (empanelment, precharge, final charge)
Empanelment script: individual voir dire (3/10/21)
Empanelment script: panel voir dire (3/10/21)
Precharge script (10/1/21)
Final charge script (civil jury instruction template) (11/10/23)
Civil instructions
Contract
Contract claims (3/1/21)
Contract defenses (3/1/21)
Contract damages and other special contract issues (8/9/21)
- Contract damages and other special contract issues (Word)
- Contract damages and other special contract issues (PDF)
Employment Law
Contract — Breach of noncompetition agreement by a former employee before October 1, 2018 (8/9/22)
- Contract — Breach of noncompetition agreement by a former employee before October 1, 2018 (Word)
- Contract — Breach of noncompetition agreement by a former employee before October 1, 2018 (PDF)
Contract — Breach of noncompetition agreement by a former employee after September 30, 2018 (8/9/22)
- Contract — Breach of noncompetition agreement by a former employee after September 30, 2018 (Word)
- Contract — Breach of noncompetition agreement by a former employee after September 30, 2018 (PDF)
Equal Pay Act – Payment of Wages (11/13/24)
Government retaliation against its employee (Whistleblower Act) (10/18/21)
- Government retaliation against its employee (Whistleblower Act) (Word)
- Government retaliation against its employee (Whistleblower Act) (PDF)
Wage Act (earned wages) (10/8/21)
Wage Act (misclassification) (10/8/21)
Wage Act (retaliation) (10/8/21)
Real Property
Adverse possession (10/25/22)
Nuisance (10/25/22)
Prescriptive easement (10/25/22)
Trespass (10/25/22)
Tort
Adverse inference regarding attorney-client privilege (1/11/22)
- Adverse inference regarding attorney-client privilege (Word)
- Adverse inference regarding attorney-client privilege (PDF)
Breach of fiduciary duty (5/22/25)
Conversion (12/12/22)
Defamation damages (3/28/22)
Defamation defenses (3/28/22)
Defamation liability - private person (3/28/22)
Defamation liability - public figure (3/28/22)
General definitions (3/28/22)
General negligence (3/11/25)
Gross negligence (11/13/23)
Loss of consortium damages (1/11/22)
Medical malpractice
Lack of informed consent for medical treatment (8/9/22)
- Lack of informed consent for medical treatment (Word)
- Lack of informed consent for medical treatment (PDF)
Loss of chance (8/12/22)
Not fatal (3/11/25)
Wrongful death (8/19/25)
Misrepresentation (8/9/21)
Motor vehicle claims (8/9/21)
Personal injury damages (8/19/25)
Premises liability (7/12/21)
Products liability claims (9/26/25)
Professional negligence (8/9/21)
Recklessness (1/11/22)
Tortious interference with contractual or advantageous relationship (11/14/24)
- Tortious interference with contractual or advantageous relationship (Word)
- Tortious interference with contractual or advantageous relationship (PDF)
Trade disparagement (12/12/22)
Trademark or servicemark infringement (12/12/22)
Wrongful death damages (8/19/25)
Other/General
Clear and convincing evidence (10/8/21)
Deposition testimony (11/20/23)
Detrimental reliance (12/12/22)
Successor corporate liability (11/10/23)
Vicarious liability (1/5/22)
Wrongful conviction claims (12/12/22)
Criminal instruction scripts (empanelment, precharge, final charge)
Empanelment script: individual voir dire (3/1/21)
Empanelment script: panel voir dire (3/1/21)
Precharge script (10/1/21)
Final charge script (criminal jury instruction template) (11/10/23)
Criminal instructions
Crimes against the person
Armed home invasion (9/9/21)
Armed robbery (8/28/23)
Assault (11/5/25)
Assault and battery (with supplemental charges) (7/12/21)
- Assault and battery (with supplemental charges) (Word)
- Assault and battery (with supplemental charges) (PDF)
Assault and battery by means of a dangerous weapon (with supplemental charges) (8/9/21)
- Assault and battery by means of a dangerous weapon (with supplemental charges) (Word)
- Assault and battery by means of a dangerous weapon (with supplemental charges) (PDF)
Assault with intent to rape a child / attempted statutory rape (7/14/26)
- Assault with intent to rape a child / attempted statutory rape (Word)
- Assault with intent to rape a child / attempted statutory rape (PDF)
Homicide (SJC) (4/13/26)
Kidnapping (10/16/25)
Mayhem (7/12/21)
Rape (7/21/26)
Rape of a Child by Force (6/16/26)
Rape of a Child Aggravated by Age Difference or Mandated Reporter (6/16/26)
- Rape of a Child Aggravated by Age Difference or Mandated Reporter (Word)
- Rape of a Child Aggravated by Age Difference or Mandated Reporter (PDF)
Rape of a Child (6/16/26)
Sex trafficking (5/22/25)
Unarmed robbery (8/28/23)
Crimes against public peace
Ammunition possession (7/14/26)
Firearm possession (7/14/26)
Large-capacity firearm or feeding device possession (7/14/26)
- Large-capacity firearm or feeding device possession (Word)
- Large-capacity firearm or feeding device possession (PDF)