INSTRUCTION NO. ________

        In this lawsuit there is not only the complaint of the plaintiff(s), but also a counterclaim by the defendant(s).

        Because there is a counterclaim in this case, you may reach one of three results:

        First, you may find for the plaintiff(s) on his (their) complaint and against the defendant(s) on his (their) counterclaim;

        Second, you may find for the defendant(s) on his (their) counterclaim and against the plaintiff(s) on his (their) complaint; or,

        Third, you may find against both the plaintiff(s) on his (their) complaint and the defendant(s) on his (their) counterclaim.

        In order for the plaintiff(s) to recover, he (they) 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.]

        If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff(s) as to his (their) complaint. If you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant(s) as to the complaint of the plaintiff(s).

        In order for the defendant(s) to recover on his (their) counterclaim, the defendant(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.]

        If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the defendant(s) as to his (their) counterclaim. If you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the plaintiff(s) as to the counterclaim of the defendant(s).

IDJI 163.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________