nonpattern instruction in Illinois

2020“If the pattern instruction does not accurately state the law, the court may instruct the jury pursuant to a nonpattern instruction.” Id. ¶ 30 Here, Jon’s cause of action was retaliatory discharge.

2013“If the pattern instruction does not accurately state the law, the court may instruct the jury pursuant to a nonpattern instruction.” Id.

2023Relying on language from Stanciel, the State tendered the following nonpattern instruction, which the trial court allowed and read to the jury: “ ‘A parent has a legal duty to aid a small child if the parent knows or should have known about a danger to the child and the parent has the physical ability to protect the child.’ ” Id. at 208 .

2023Relying on language from Stanciel, the State tendered the following nonpattern instruction, which the trial court allowed and read to the jury: “ ‘A parent has a legal duty to aid a small child if the parent knows or should have known about a danger to the child and the parent has the physical ability to protect the child.’ ” Id. at 208 .

2002Whether a court has abused its discretion will depend on whether the nonpattern instruction tendered is an accurate, simple, brief, impartial, and nonargumentative statement of the law. 177 Ill.2d R. 451(a); People v. Ramey, 151 Ill.2d 498, 536 , 177 Ill.Dec. 449 , 603 N.E.2d 519 (1992).

2002Whether a court has abused its discretion will depend on whether the nonpattern instruction tendered is an accurate, simple, brief, impartial, and nonargumentative statement of the law. 177 Ill. 2d R. 451(a); People v. Ramey, 151 Ill. 2d 498, 536 (1992).

2008People v. Caffey, 205 Ill. 2d 52, 127 (2001); People v. Buss, 187 Ill. 2d 144, 232-33 (1999); People v. Bush, 157 Ill. 2d 248, 253 (1993).

2008People v. Caffey, 205 Ill.2d 52, 127 , 275 Ill.Dec. 390 , 792 N.E.2d 1163 (2001); People v. Buss, 187 Ill.2d 144, 232-33 , 240 Ill.Dec. 520 , 718 N.E.2d 1 (1999); People v. Bush, 157 Ill.2d 248, 253 , 191 Ill.Dec. 475 , 623 N.E.2d 1361 (1993).

2021“Whether a court has abused its discretion will depend on whether the nonpattern instruction tendered is an accurate, simple, brief, impartial, and nonargumentative statement of the law.” Id. ¶ 34 This court has observed that “juries are composed of laypersons who are not trained to separate issues and to disregard irrelevant matters.” Dillon v. Evanston Hospital, 199 Ill. 2d 483, 507 (2002).

2017“Where a unique factual situation, or a point of law, is presented, a nonpattern instruction may be given if it is accurate and will have no improper effect on the jury.” Id. at 505-06 . &58 Here, there was no civil IPI instruction defining the tort of reckless infliction of emotional distress.

2023The circuit court has discretion to give a nonpattern instruction, but the instruction must be an “accurate, simple, brief, impartial, and nonargumentative statement of the law.” People Bannister, 232 Ill. 2d 52, 81 (2008).

2022“The decision whether to give a nonpattern instruction rests within the sound discretion of the trial court.” Id.

2008People v. Caffey, 205 Ill. 2d 52, 127 (2001); People v. Buss, 187 Ill. 2d 144, 232-33 (1999); People v. Bush, 157 Ill. 2d 248, 253 (1993).

1993In Bush, the court gave the pattern jury instruction on home invasion but also gave a nonpattern instruction “which misstated the law and allowed the jury to find defendant guilty even if he possessed the non-culpable mental state indicative of an authorized entry.” (Bush, 157 Ill. 2d at 256 .) No such nonpattern instruction was given in the present matter.

2013People v. Caffey, 205 Ill. 2d 52, 127 (2001). ¶ 109 The trial court instructed the jury with the pattern instruction on accountability.

2008People v. Caffey, 205 Ill. 2d 52, 127 (2001); People v. Buss, 187 Ill. 2d 144, 232-33 (1999); People v. Bush, 157 Ill. 2d 248, 253 (1993).

2025People v. Nutall, 312 Ill.

2004App. 3d 278, 290 (2004), citing People v. Nutall, 312 Ill.

2002Gilliam, 172 Ill. 2d at 519 , 670 N.E.2d at 622 .

2002Gilliam, 172 Ill. 2d at 519 , 670 N.E.2d at 622 .

2002Simms, 192 Ill. 2d at 412 .

2002Simms , 192 Ill. 2d at 412 .

2021Illinois courts have “consistently affirmed refusals of similar proffered nonstandard [lost-chance] instructions because IPI Civil 3d No. 15.01 properly states the law in lost chance medical malpractice cases.” See Cetera v. DiFilippo, 404 Ill.

2021Cetera observed that appellate court decisions consistently affirm a trial court’s refusal to issue a nonpattern instruction on loss of chance “because IPI Civil 3d No. 15.01 properly states the law in lost chance medical malpractice cases.” Cetera, 404 Ill.

2017The trial court gave the following non-IPI instruction submitted by Loyola: “Under the reckless infliction of emotional distress claim, extreme and outrageous conduct means conduct that is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency in a civilized community, and is such that the intensity and duration of the distress inflicted is so severe that no reasonable person of ordinary sensibilities could be expected to endure it.” ¶ 59 The language in this instruction was taken from our supreme court’s opinion in McGrath v. Fahey, 126 Ill. 2d 78

2017The trial court gave the following non-IPI instruction submitted by Loyola: “Under the reckless infliction of emotional distress claim, extreme and outrageous conduct means conduct that is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency in a civilized community, and is such that the intensity and duration of the distress inflicted is so severe that no reasonable person of ordinary sensibilities could be expected to endure it.” &59 The language in this instruction was taken from our supreme court’s opinion in McGrath v. Fahey, 126 Ill. 2d 78,

2017App. 3d 812, 822 , 901 N.E.2d 927, 937 (2008). - 13 - “[I]f the pattern jury instructions do not contain an instruction on a subject on which the trial court determines that the jury should be instructed, the court may tender a nonpattern instruction to the jury as long as it is simple, brief, impartial, and free from argument.” (Emphasis added.) People v. Buck, 361 Ill.

2017App. 3d 812, 822 , 901 N.E.2d 927, 937 (2008). “[I]f the pattern jury instructions do not contain an instruction on a subject on which the trial court determines that the jury should be instructed, the court may tender a nonpattern instruction to the jury as long as it is simple, brief, impartial, and free from argument.” (Emphasis added.) People v. Buck, 361 Ill.

2017App. 3d 812, 822 , 901 N.E.2d 927, 937 (2008). - 13 - “[I]f the pattern jury instructions do not contain an instruction on a subject on which the trial court determines that the jury should be instructed, the court may tender a nonpattern instruction to the jury as long as it is simple, brief, impartial, and free from argument.” (Emphasis added.) People v. Buck, 361 Ill.

2017App. 3d 812, 822 , 901 N.E.2d 927, 937 (2008). “[I]f the pattern jury instructions do not contain an instruction on a subject on which the trial court determines that the jury should be instructed, the court may tender a nonpattern instruction to the jury as long as it is simple, brief, impartial, and free from argument.” (Emphasis added.) People v. Buck, 361 Ill.

2016People v. Hudson, 222 Ill. 2d 392, 400 (2006).

2015People v. Hudson, 222 Ill. 2d 392, 400 (2006).

2016“The decision whether to give a nonpattern instruction rests within the sound discretion of the trial court.” People v. Bannister, 232 Ill. 2d 52, 81 (2008). “[A]s a court of review we will not disturb such a determination absent a clear abuse of discretion.” Surestaff, Inc. v. Azteca Foods, Inc., 374 Ill.

2016“The decision whether to give a nonpattern instruction rests within the sound discretion of the trial court.” People v. Bannister, 232 Ill. 2d 52, 81 (2008). “[A]s a court of review we will not disturb such a determination absent a clear abuse of discretion.” Surestaff, Inc. v. Azteca Foods, Inc., 374 Ill.

2015See Herron, 215 Ill. 2d at 178-79 . ¶ 24 Moreover, the trial court committed a grave error when it used a nonpattern instruction that misstated the elements of the charge.

2015See Herron, 215 Ill. 2d at 178-79 . ¶ 24 Moreover, the trial court committed a grave error when it used a nonpattern instruction that misstated the elements of the charge.

2005Nevertheless, if the pattern jury instructions do not contain an instruction on a subject on which the trial court determines that the jury should be instructed, the court may tender a nonpattern instruction to the jury as long as it is simple, brief, impartial, and free from argument. 177 Ill. 2d R. 451(a); People v. Walker , 227 Ill.

2005Nevertheless, if the pattern juiy instructions do not contain an instruction on a subject on which the trial court determines that the jury should be instructed, the court may tender a nonpattern instruction to the jury as long as it is simple, brief, impartial, and free from argument. 177 Ill. 2d R. 451(a); People v. Walker, 227 Ill.

2001People v. Simms , 192 Ill. 2d 348, 412 (2000); People v. Emerson , 189 Ill. 2d 436, 505 (2000).

2001People v. Simms, 192 Ill. 2d 348, 412 (2000); People v. Emerson, 189 Ill. 2d 436, 505 (2000).

2000People v. Johnson, 285 Ill.

2000People v. Johnson , 285 Ill.

2000See Gordon v. Chicago Transit Authority, 128 Ill.App.3d 493, 501 , 83 Ill.Dec. 743 , 470 N.E.2d 1163, 1169 (1984).

2000See Gordon v. Chicago Transit Authority, 128 Ill.