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NOT A CERTIFIED COPY Filing# 81169600 E-Filed 11/26/2018 10:25:33 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY Case No. 502009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, v. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants, DEFENDANT/COUNTER-PLAINTIFF'S SECOND AMENDED PROPOSED JURY INSTRUCTIONS AND VERDICT FORM Defendant/Counter-Plaintiff, BRADLEY J. EDWARDS, by and through undersigned counsel, hereby files his Second Amended Proposed Jury Instructions and Verdict Forms for trial in the above-styled matter. These Second Amended Proposed Jury Instructions and Verdict Form incorporate all prior submissions and revisions and contain certain edits to Instruction 201.1 (Description of the Case). No. Cite Jury Instruction Accepted (YIN) I 201.1 Description of the Case 2 201.2 Introduction of Participants and Their Roles 3 201.3 Explanation of the Voir Dire Process 4 202.1 Introduction 5 202.2 Explanation of the Trial Procedure 6 202.3 Note-Taking by Jurors 7 202.4 Juror Questions 8 301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations and Admissions 9 301.2 Instruction When Firest Item of Documentary, Photographic or Physical Evidnece is Admitted FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 11/26/2018 10:25:33 AM NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Defendant/Counter-Plaintiff's Second Amended Proposed Jury Instructions and Verdict Form Page 2 of56 10 301.3 Instruction When Evidnece is Published to the Jury 11 301.4 Instruction Regarding Visual or Demonstrative Aids 12 301.5 Evidence Admitted for a Limited Purpose 13 406.1 Introduction 14 406.2 Summary of Claims 15 406.3 Greater Weight of the Evidence 16 406.4 Probable Cause 17 406.5 Legal Malice 18 406.6 Instituting or Continuing a Proceeding 19 406.7 Legal Cause 20 406.8 Issues on Claim 21 406.9 Burden of Proof on Claim 22 406.12 Malicious Prosecution Damages 23 Special Instruction Amount of Loss or Harm is Uncertain or Difficult to Determine 24 503.1 Punitive Damages - Bifurcated Procedure 25 601.1 Weighing of the Evidence 26 601.2 Believability of Witnesses 27 Special Instruction Adverse Inference Instruction - Fifth Amendment 28 Special Instruction Federal Rule of Evidence 415 & Florida Statutes Section 90.404 29 Special Instruction Natural and Probable Consequences 30 Special Instruction Litigation Privilege 31 Special Instruction Jeffrey Epstein's Failure to Testify at Trial 32 Special Instruction The Sword-Shield Doctrine 33 Special Instruction Epstein's Failure to Raise Advice of Counsel as a Defense 34 601.5 Concluding Instruction (Before Final Argument) 35 700 Closing Instructions 36 Verdict Form Bradley Edwards' Verdict Form NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Defendant/Counter-Plaintiffs Second Amended Proposed Jury Instructions and Verdict Form Page 3 of56 I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 26 th day of November, 2018. Isl David P. Vitale Jr. JACK SCAROLA Florida Bar No.: 169440 DAVID P. VITALE JR. Florida Bar No.: 115179 Attorney E-Mail(s): jsx@searcylaw.com; and mmccann@searcylaw.com Primary E-Mail: _scarolateam@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: 561-383-9451 Attorneys for Bradley J. Edwards NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Defendant/Counter-Plaintiffs Second Amended Proposed Jury Instructions and Verdict Form Page 4 of56 Scott J. Link, Esq. Link & Rockenbach, P.A. Scott@linkrocklaw.com Kara@linkrocklaw.com 1555 Palm Beach Lakes Boulevard Suite 301 West Palm Beach, FL 33401 Phone: 561-727-3600 Fax: 561-727-3601 Attorneys for Jeffrey Epstein COUNSEL LIST Jack A. Goldberger, Esquire jgoldberger@agwpa.com; smahoney@agwpa.com Atterbury Goldberger & Weiss, P.A. 250 Australian A venue S, Suite 1400 West Palm Beach, FL 33401 Phone: (561)-659-8300 Fax: (561)-835-8691 Attorneys for Jeffrey Epstein Nichole J. Segal, Esquire njs@FLAppellateLaw.com; kbt@FLAppellateLaw.com Burlington & Rockenbach, P.A. 444 W Railroad Avenue, Suite 350 West Palm Beach, FL 33401 Phone: (561)-721-0400 Attorneys for Bradley J. Edwards Bradley J. Edwards, Esquire staff.efile@pathtojustice.com 425 N Andrews A venue, Suite 2 Fort Lauderdale, FL 33301 Phone: (954)-524-2820 Fax: (954)-524-2822 Marc S. Nurik, Esquire marc@nuriklaw.com One E Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Phone: (954)-745-5849 Fax: (954)-745-3556 Attorneys for Scott Rothstein NOT A CERTIFIED COPY EDWARDS ADV. EPSTEIN Case No.: 502009CA040800XXXXMBAG Defendant/Counter-Plaintiff's Second Amended Proposed Jury Instructions and Verdict Form Page 5 of56 PROPOSED JURY INSTRUCTIONS 201.1 DESCRIPTION OF THE CASE Welcome. The Clerk will now administer your oath. Now that you have been sworn, I'd like to give you an idea about what we are here to do. This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies [ or others, as appropriate], where the claims of one or more of these parties have been brought to court to be resolved. It is called "a trial of a lawsuit." This case concerns the following. Beginning in the summer of 2008, Bradley Edwards represented three females, L.M., E. W and Jane Doe, who claimed they had been repeatedly sexually molested by Jeffrey Epstein. At the same time, dozens of other alleged victims were identified as having been sexually molested by Jeffrey Epstein, and many of those underage children retained lawyers in order to file civil claims against Epstein. Attorney Edwards took a leading role in coordinated discovery efforts in those sexual abuse lawsuits. Also in the summer of 2008, Attorney Edwards was lead counsel in a separate lawsuit against the federal government, which sought to invalidate a plea agreement that Epstein had entered into with the federal government. In that Agreement, the Federal Government agreed not to file Federal criminal charges against Epstein in exchange for Epstein pleading guilty to two state felony charges concerning his alleged molestation of children. He was registered as a Sex Offender and sentenced to 18 months incarceration followed by a period of house arrest. He was also required not to challenge the civil claims of approximately 40 young women identified by Federal Authorities as victims of his abuse, if those victims agreed to limit their damage claims. In April of 2009, Attorney Edwards took a job at the Rothstein Rosenfeldt and Adler law firm. Approximately six months later, while Attorney Edwards was prosecuting his clients' sexual molestation/abuse claims against Epstein and pursing the separate federal action to invalidate Epstein's plea Agreement, it was publicly disclosed that the senior partner in the Rothstein Rosenfeldt Adler law firm, Scott Rothstein, had secretly been engaged since 2005 in a massive Ponzi scheme. Rothstein 's scheme raised hundreds of millions of dollars from 2005 to 2009 and was one of the largest frauds in US. history. While Rothstein 's Ponzi scheme began years before Attorney Edwards sued Epstein and years before Attorney Edwards was employed by Rothstein 's law firm, after Edwards joined the firm, Rothstein used the claims against Epstein to attract additional Ponzi scheme investors by selling them interests in non-existent settlements of both filed and made-up cases. The fact