South Dakota Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue South Dakota Jury Instruction 7.2 refers to the duty jurors have to deliberate and reach a verdict when both the plaintiff and the defendant claim damages, or when damages are not an issue in a civil case. This instruction outlines the responsibility jurors have in carefully considering all the evidence presented during the trial and reaching a fair decision. When both the plaintiff and the defendant claim damages, jurors must carefully assess the evidence and arguments presented by both parties. They need to weigh the credibility of each side's witnesses and determine the extent of fault or liability, if any, on the part of each party. Jurors should consider the nature and extent of the damages claimed, and based on the evidence, evaluate the reasonableness of the compensation sought. In cases where damages are not an issue, jurors still have a duty to deliberate. Their job is to consider the facts of the case, assess liability, and determine which party holds the responsibility. Although the question of damages may not be in dispute, jurors must deliberate and reach a verdict on other issues present in the case. It is essential for jurors to approach their duty with an open mind and impartially review all the evidence presented by the parties. They should consider the instructions provided by the court and apply the law to the case. Jurors should engage in thoughtful discussions with their fellow jurors, carefully listening to and considering different perspectives, while always keeping the goal of reaching a fair and just decision in mind. Different types or variations of South Dakota Jury Instruction 7.2 may exist depending on the specific circumstances of the case. However, the primary focus of these instructions remains the same — to stress the importance of the duty to deliberate, regardless of whether damages are claimed by both parties or not. The specific language and guidance provided in the instruction will depend on the unique facts and legal principles relevant to each case. In conclusion, South Dakota Jury Instruction 7.2 emphasizes the duty of jurors to deliberate when both the plaintiff and the defendant claim damages, or when damages are not an issue in a civil case. Jurors must carefully consider all the evidence, assess liability, and reach a fair and just decision. By fulfilling their duty to deliberate, jurors contribute to the administration of justice and ensure that verdicts are reached based on the evidence and the law.