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NOT A CERTIFIED COPY Filing# 80711522 E-Filed 11/13/2018 12:25:23 PM IN THE CIRCUIT COURT OF THE FIFTEENTH WDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800:XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, V. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. ---------------------'/ COUNTER-DEFENDANT JEFFREY EPSTEIN'S NOTICE OF NEW REQUESTED JURY INSTRUCTIONS AND VERDICT FORM BASED ON SEPARATE TRIAL OF EDWARDS' COUNTERCLAIM Counter-Defendant, Jeffrey Epstein ("Epstein"), pursuant to Florida Rule of Civil Procedure 1.470, files this Notice of New Requested Jury Instructions and Verdict Form. No. Cite Jury Instruction Accepted (YIN) 1 101.1 Oath of Jurors Before Voir Dire 2 Qualifications Instruction Before Voir Dire 3 201.1 Description of the Case Before Voir Dire 4 201.2 Introduction of Participants and Their Roles 5 201.3 Explanation of the Voir Dire Process 6 101.2 Oath of Juror After Voir Dire 7 202.2 Explanation of the Trial Procedure 8 202.3 Note-Taking by Jurors 9 202.4 Juror Questions 10 301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions 11 301.2 Instruction When First Item of Documentary, Photographic, or Physical Evidence is Admitted 12 301.3 Instruction When Evidence is First Published to Jurors 13 301.4 Instructions Regarding Visual or Demonstrative Aids 14 301.5 Evidence Admitted for a Limited Purpose 15 301.10 Instructions Before Recess FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 11/13/2018 12:25:23 PM NOT A CERTIFIED COPY No. Cite Jury Instruction Accepted (YIN) 16 406.1 Introduction 17 406.2 Summary of Claims 18 406.3 Greater Weight of the Evidence 19 406.8 Issues on Claim 20 406.4 Probable Cause 21 406.5 Malice 22 406.6 Instituting or Continuing a Proceeding 23 406.7 Legal Cause 24 406.8 Bona Fide Termination 25 406.9 Burden of Proof on Claim 26 406.12 Malicious Prosecution Damages 27 601.1 Weighing the Evidence 28 601.2 Believability of Witnesses 29 601.5 Concluding Instruction (Before Final Argument) 30 700 Closing Instructions 31 503.2 Punitive Damages (Bifurcated Issue) 32 301.1 la Adverse Inference - Fifth Amendment CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on November 13, 2018, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(b )(1 ). LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Boulevard, Suite 930 West Palm Beach, Florida 33401 (561) 847-4408; (561) 855-2891 [fax] By: Isl Scott J Link Scott J. Link (FBN 602991) Kara Berard Rockenbach (FBN 44903) Primary: Scott@linkrocklaw.com Primary: Kara@linkrocklaw.com Secondary: Tina@linkrocklaw.com Secondary: Troy@linkrocklaw.com Counsel for Counter-Defendant Jeffrey Epstein 2 NOT A CERTIFIED COPY SERVICE LIST Jack Scarola Karen E. Terry David P. Vitale, Jr. Searcy, Denny, Scarola, Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 mep@searcylaw.com jsx@searcylaw.com dvitale@searcylaw.com scarolateam@searcylaw.com terryteam@searcylaw.com Co-Counsel forCounter-Plaintiff Bradley J. Edwards Bradley J. Edwards Edwards Pottinger LLC 425 N. Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301-3268 brad@epllc.com Co-Counsel for Counter-Plaintiff Bradley J. Edwards Jack A. Goldberger Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue S., Suite 1400 West Palm Beach, FL 33401 j goldberger@agwpa.com smahoney@agwpa.com Co-Counsel for Counter-Defendant Jeffrey Epstein 3 Philip M. Burlington Nichole J. Segal Burlington & Rockenbach, P.A. Courthouse Commons, Suite 350 444 West Railroad A venue West Palm Beach, FL 33401 pmb@FLAppellateLaw.com njs@FLAppellateLaw.com kbt@FLAppellateLaw.com Co-Counsel for Counter-Plaintiff Bradley J. Edwards Marc S. Nurik Law Offices of Marc S. Nurik One E. Broward Boulevard, Suite 700 Ft. Lauderdale, FL 33301 marc@nuriklaw.com Counsel for Defendant Scott Rothstein Paul Cassell 383 S. University St. Salt Lake City, UT 84112-0730 cassellp@law. utah. edu Limited Intervenor Co-Counsel for L.M, E. W and Jane Doe Jay Howell Jay Howell & Associates 644 Cesery Blvd., Suite 250 Jacksonville, FL 32211 jay@jayhowell.com Limited Intervenor Co-Counsel for L.M, E. W and Jane Doe NOT A CERTIFIED COPY COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 1 101.1 Oath of Jurors Before Voir Dire Do you solemnly swear or affirm that you will answer truthfully all questions asked of you as prospective jurors [so help you God]? Source: Florida Standard Jury Instruction (Civil) 101.1 Given Given as Modified Denied Withdrawn NOT A CERTIFIED COPY COUNTER-DEFENDANT'S PROPOSED JURY INSTRUCTION NO. 2 Qualifications Instruction Before Voir Dire Many of you have electronic devices such as cell phones, smartphones, tablets, and laptops. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about electronic devices. When you are called to a courtroom, the judge will give you specific instructions on the use of electronic devices. These rules are so important that the judge may tell you that you must turn off your cell phone or other electronic devices completely or that you cannot have your cell phone or electronic devices in the courtroom. If someone needs to contact you in case of an emergency, the judge will provide you with a phone number where you can receive messages. If the trial judge allows you to keep your cell phones, computers, or other electronic devices, you cannot use them to take photographs, video recordings, or audio recordings of the proceedings in the courtroom or your fellow jurors. You must not use them to search the Internet or to find out anything related to any cases in the courthouse. Why is this restriction imposed? This restriction is imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. I know that, for some of you, these restrictions affect your normal daily activities and may require a change in the way you are used to communicating and perhaps even in the way you are used to learning. If you investigate, research, or make inquiries on your own, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Between now and when you have been discharged from jury duty by the judge, you must not discuss any information about your jury service with anyone, including friends, co-workers, and family members. You may tell those who need to know where you are that you have been called for jury duty. If you are picked for a jury, you may tell people that you have been picked for a jury and how long the case may take. However, you must not give anyone any information about the case itself or the people involved in the case. You must also warn people not to try to say anything to you or write to you about your jury service or the case. This includes face-to-face, phone or computer communications. I want to stress that you must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages, including e-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to decide any case. The judge will tell you when you are released from thi