INSTRUCTION NO. ________

        The plaintiff(s) has (have) the burden of proving each of the following propositions:

        [The specific facts are not reiterated here. The ultimate facts required to be proved to obtain the claimed relief are concisely stated here. They should be set forth in appropriate order. Numbered paragraphs are recommended.]

        In this case the defendant(s) has (have) asserted [the affirmative defense that] [certain affirmative defenses that].

        [Concisely state the affirmative defenses in terms of ultimate facts. If more than one, numbered paragraphs are recommended.]

        Defendant(s) has (have) the burden of proving these affirmative defenses.

        If you find from your consideration of all the evidence that each of the propositions required of the plaintiff(s) has been proved and that none of the defendant's(s') affirmative defenses has been proved, then your verdict should be for the plaintiff(s). If you find from your consideration of all the evidence that any one of the propositions the plaintiff(s) is (are) required to prove has not been proved, or that any one of the defendant's(s') affirmative defenses has been proved, then your verdict should be for the defendant(s).

IDJI 162.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________