SC09-299 – In Re:A

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Supreme Court » 2010 » SC09-299 – In Re:A

SC09-299 – In Re:A

State: Florida

Docket No: SC09-299

Case Date: 03/04/2010

Preview:Supreme Court of Florida
No. SC09-284
IN RE:  STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-01 (REORGANIZATION OF THE CIVIL JURY INSTRUCTIONS).
No. SC09-296
IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-02 (GREATER WEIGHT OF THE EVIDENCE, NEGLIGENCE,
BELIEVABILITY OF WITNESSES AND CLOSING INSTRUCTIONS).
No. SC09-299
IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-03 (JURY DEADLOCKED).
No. SC09-300
IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-04 (BURDEN OF PROOF ON DEFENSE ISSUES).

No. SC09-301
IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-05 (MEDICAL MALPRACTICE INSURER'S BAD FAITH
FAILURE TO SETTLE).
No. SC09-302
IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-06 (PROBABLE CAUSE - MALICIOUS PROSECUTION AND
FALSE IMPRISONMENT).
No. SC09-303
IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-07 (INTENTIONAL TORT EXCEPTION TO EXCLUSIVE
REMEDY OF WORKERS’ COMPENSATION).
No. SC09-304
IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-08 (PROFESSIONAL NEGLIGENCE).
No. SC09-306
- 2 -

IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT
NO. 09-09 (PUNITIVE DAMAGES).
[March 4, 2010]
CORRECTED OPINION
PER CURIAM.
The Supreme Court Committee on Standard Jury Instructions in Civil Cases
(Committee) has submitted proposed changes to the standard civil jury instructions
and asks that the Court authorize the instructions for publication and use.1  We
have jurisdiction.  See art. V, § 2(a), Fla. Const.
BACKGROUND
In 2006, the Committee embarked on the most comprehensive review and
evaluation of Florida’s standard civil jury instructions since the first publication in
1967.  Previously, the Committee has maintained the original numbering system
and either assigned the next available number or added new instructions to a
―Miscellaneous‖ section when seeking authorization for additional instructions by
the Court.  In addition, because the book has only been available in paper format in
the past, the Committee had attempted to minimize the number of pages to be
republished by using cross-references and directing users to insert other
instructions in various locations.
1.  On May 28, 2009, we consolidated these cases for purposes of review
and opinion.
- 3 -

As a result of the manner in which revisions of the standard civil jury
instructions have been perfected over the years, use of the current book has
become rather difficult.  Following extensive review and revision, the Committee
submitted its report in case number SC09-284, proposing the reorganization of the
standard civil jury instructions and amendments limited to plain English
modifications to make the instructions easier to understand.  The Committee also
submitted a number of reports that extended beyond reorganizing and rewording
the civil instructions, seeking amendment of substantive aspects of some standard
civil instructions under the reorganization format.2  The Committee presented the
book reorganization to the bench and bar in a notice published in The Florida Bar
News on April 15, 2008, inviting comment and identifying the web address on The
Florida Bar’s website for access to the entire reformatted book.  Proposed
amendments to specific instructions were published separately.    As discussed
below, we authorize the Committee’s proposals with the exception of the proposed
modification to the standard civil instruction defining ―greater weight of the
evidence.‖
DISCUSSION
1.  Reorganization and Updating Wording
2.  Those cases include case numbers SC09-296, SC09-299, SC09-300,
SC09-301, SC09-302, SC09-303, SC09-304, and SC09-306.
- 4 -

Reorganization of the standard civil jury instructions is based upon the
delineation of separate sections, which include oaths, preliminary instructions,
evidence instructions, substantive instructions, damages, general substantive
instructions, closing instructions, and supplemental matters.  Each of the
substantive areas—i.e., General Negligence; Professional Negligence; Products
Liability;3 Insurer’s Bad Faith; Defamation; Malicious Prosecution; False
Imprisonment; Tortious Interference with Business Relationships;
Misrepresentation; Outrageous Conduct Causing Severe Emotional Distress; Civil
Theft; Contribution Among Tortfeasors; Claim for Personal Injury Protection
Insurance (PIP) Benefits (Medical Benefits Only); Intentional Tort as an Exception
to Exclusive Remedy of Workers’ Compensation; and Unlawful Retaliation4—are
organized into separate sections and include pertinent standard instructions which
are reproduced within each substantive section or, where necessary, tailored to the
specific substantive area.
The basic ―template‖ used in the reorganization of the substantive law
instructions includes an introduction instruction, an instruction with a simple
3.  On July 16, 2009, the Committee filed a report proposing both new and
revised civil instructions limited to product liability cases.  In re Standard Jury
Instructions in Civil Cases - Report No. 09-10 (Products Liability), Case No.
SC09-1264.  We will address those proposals in a separate opinion.
4.  Proposed substantive instructions under this section have not yet been
filed by the Committee.
- 5 -

summary of the case, instructions with the rules, and instructions on the issues with
the applicable burden of proof.  The substantive sections generally include
instructions covering the following areas: Introduction; Summary of Claims;
Greater Weight of the Evidence; Clear and Convincing Evidence; Legal Cause;
Preemptive Charges; Burden of Proof on Preliminary Issues; Issues on Claim (also
designated Issues on Main Claim or Issues on Plaintiff’s Claim); Burden of Proof
(also designated Burden of Proof on Main Claim or Burden of Proof on Claim);
Defense Issues; and Burden of Proof on Defense Issues.
The amended standard civil instructions also include a number of plain
language modifications which attempt to simplify the instructions to increase juror
understanding, by changing nonessential ―legalese‖ to its plain English equivalent.
For example, the following substitutions are included in the amended instructions:
―before/after‖ for ―prior/subsequent‖; ―like‖ for ―same‖; ―the‖ for ―such‖;
―amount‖ for ―degree‖; ―incident in this case‖ for ―incident complained of‖;
―decide‖ for ―determine‖; ―was caused by‖ for ―chargeable to‖; and ―because‖ for
―on account of.‖
Under the amended instructions, in the exercise of its discretion, the trial
court may choose to instruct the jury at the beginning of the case as to substantive
matters, prior to the introduction of evidence.  To that end, we authorize
introductory instructions under section 200 and initial instructions for each
- 6 -

substantive section.  We reiterate that the decision as to the timing of instructing
the jury rests solely with the trial judge.
The amended instructions also conform with the Court’s prior amendments
to various civil rules of court and its authorization for publication and use of a
number of standard civil jury instructions upon review of recommendations made
by the Jury Innovation Committee.  See In re Amends. to the Fla. Rules of Civil
Proc., 967 So. 2d 178 (Fla. 2007).5
Finally, with regard to the reorganization and modification of the standard
civil jury instructions, we decline to authorize the proposal to amend the definition
of   ―greater weight of the evidence.‖  Instead, we reauthorize the substance of
former standard civil jury instruction 3.9, ―Greater Weight of the Evidence,‖ which
5.  The instructions as authorized reflect the following changes based upon
the Jury Innovations Report: former instruction 1.8, Note Taking by Jurors, now
designated instruction 202.3, includes additional notes referring to Florida Rule of
Judicial Administration 2.430(k) and Florida Rule of Civil Procedure 1.455;
former instruction 1.13, Questions by Jurors, now designated instruction 202.4,
includes a note referring to Florida Rule of Civil Procedure 1.452; the note for
former instruction 2.1 appears as a Note on Use to the introductory instructions
(401.1, 402.1, etc.) with a reference to Florida Rule of Civil Procedure 1.470(b);
concluding instructions 601.5 and 700 provide for instructing either before or after
final argument and the note for former instruction 7.1 appears as a Note on Use to
instruction 700; former instruction 7.2, Use of Notes During Deliberations, is
designated instruction 700 and includes a reference to Florida Rule of Judicial
Administration 2.430(k) in a Note on Use to that instruction; former instruction
7.3(a), Answers to Jurors’ Inquiries During Deliberations, is designated instruction
801.1; and former instruction 7.3(b), Read-Back of Testimony, is designated
instruction 801.2.
- 7 -

is now designated as, or included in, instructions 401.3, 402.3, 404.3, 405.3, 406.3,
407.3, 408.3, 409.3, 410.3, 412.5, 413.3, 503.1b(1), b(2), b(3), b(4), and c(1), and
503.2b(1), (b)(2), (b)(3), and (b)(4).6
2.  Substantive Amendments
The Committee also proposed substantive changes to a number of standard
civil jury instructions, including the following: 401.3, Greater Weight of the
Evidence; 401.4, Negligence; 401.23, Burden of Proof on Defense Issues; 402.4c;
Medical Negligence, Foreign Bodies; 402.4d, Medical Negligence, Failure to make
or maintain records; 402.9, Preliminary Issues—Vicarious Liability; 406.4,
Probable Cause; 407.8, Defense Issues; 601.2, Believability of Witnesses; 700,
Closing Instruction; and 801.3, Closing Instructions, Jury Deadlocked.  The
Committee’s proposals also include the following new instructions: 402.11d,
Issues on Main Claim—Negligence of health care facility to assure comprehensive
risk management and competence of medical staff; 402.12, Issues on Claim of
Attorney Malpractice Arising Out of Civil Litigation; 404.5, Medical Malpractice
Insurer’s Bad Faith Failure to Settle; 414.5, Intentional Tort Exception to
Exclusive Remedy of Workers’ Compensation; and 503.1b(4), Punitive
6.  The model instructions and verdict forms authorized in this
reorganization of the standard civil jury instructions reflect this change as well.
We also have made some nonsubstantive modifications, which include changing
all references from 411.4 to 414.4 under Notes on Use for 414.4; changing 401.19
to 401.22 under Notes on Use for 401.13, note 1; and changing the instruction
number to 801.4 in Note on Use for 801.5.
- 8 -

Damages—Bifurcated Procedure—Vicarious liability for acts of employee where
employee is not a party or is not being sued for punitive damages.  Because these
instructions as set forth in the appendix to this opinion are fully engrossed, we
briefly describe the amendments to the instructions under the new numbering
system that we authorize for publication and use.
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-02 (Greater
Weight of the Evidence, Negligence, Believability of Witnesses and Closing
Instructions), No. SC09-296
As explained above, we reject the Committee’s proposal to amend the
Greater Weight of the Evidence instruction.  Rather, we authorize for publication
and use the substance of former instruction 3.9 as instruction 401.3.  The
remaining instructions in this case are authorized for publication and use as
proposed.  Amendments to former instruction 4.1, the negligence instruction,
numbered 401.4, are stylistic; the substantive change is in the Notes on Use for
401.4, which expands the commentary on whether there is a right to assume others
will exercise reasonable care, and how that is determined, and adds notes
recommending that no instruction be given concerning ―sudden emergency,‖
―traffic,‖ or ―railroads.‖  Instruction 601.2, Believability of Witnesses, formerly
instruction 2.2, is amended to add the phrase ―Let me speak briefly about
witnesses‖ at the beginning of the instruction and substitutes the word ―evaluating‖
for ―determining.‖  Section 700 combines former instruction numbers 7.1,
- 9 -

Prejudice and Sympathy/Judge Not Involved, and instruction 7.2, Use of Notes
During Deliberations; Election of Foreman; Verdict Forms, and combines them
into one instruction.
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-03 (Jury
Deadlocked), No. SC09-299
Instruction 801.3, in addition to substituting plain English for the language
in former instruction 7.3(c), adds new language which permits the jurors to make a
specific request that the court reporter read back relevant portions of the trial
testimony.  The trial court, however, retains broad discretion whether to grant or
deny any request to read back testimony.
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-04 (Burden
of Proof on Defense Issues), No. SC09-300
Instruction 401.23, Burden of Proof on Defense Issues, formerly instruction
3.7, adds three new paragraphs to the instruction for use where the defense asserts
the following defenses: comparative negligence; apportionment of a nonparty; or
both.  See Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993).
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-05 (Medical
Malpractice Insurer’s Bad Faith Failure to Settle), No. SC09-301
Instruction 404.5 is new, applicable in cases alleging a medical malpractice
insurer’s bad faith failure to settle a claim within policy limits.
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-06
(Probable Cause - Malicious Prosecution and False Imprisonment), No. SC09-
302
- 10 -

Instruction 406.4, Probable Cause, formerly instruction MI 5.1b, defines
probable cause in a proceeding for malicious prosecution, while instruction 407.8,
Defense Issues, formerly MI 6.1g, defines probable cause in the context of a
merchant’s defense to the charge of false imprisonment.  The revisions are
intended to harmonize the definitions of probable cause as used in these two
instructions, and do not substantively alter the standard for probable cause.
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-07
(Intentional Tort Exception to Exclusive Remedy of Workers’ Compensation),
No. SC09-303
Instruction 414.5 is new, and addresses the ―intentional tort exception‖ in
workers’ compensation cases.  See § 440.11(1)(b), Fla. Stat. (2009).
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-08
(Professional Negligence), No. SC09-304
Instruction 402.4c substitutes plain English for the language in former
instruction 4.2 pertaining to a claim for medical negligence, based upon the
presence of a foreign object in a patient’s body.  A new instruction, 402.4d,
focuses on the claim of negligence for failure to make or maintain medical records,
consistent with this Court’s decision in Public Health Trust of Dade County v.
Valcin, 507 So. 2d 596 (Fla. 1987).  Instruction 402.9, formerly instruction 3.3b,
addresses vicarious liability as it relates to employees, independent contractors,
and agents (actual and apparent) of the defendant.  The instruction as authorized
- 11 -

substantially reorganizes former instruction 3.3b for clarity and understandability.
In addition, instruction 402.9 includes new language pertaining to specific
substantive issues, including nondelegable duties, and the defendant’s duty to
exercise reasonable care to ensure that his or her employees, independent
contractors, and agents are competent to perform the required services.  See
Insigna v. LaBella, 543 So. 2d 209 (Fla. 1989).  Instruction 402.11d is new, and
provides an instruction for professional negligence based on the negligence of a
health care facility for failing to ensure comprehensive risk management and the
competence of its medical staff.  See § 776.110, Fla. Stat. (2009).  Finally,
instruction 402.12, also new, covers claims of attorney malpractice in civil
litigation.
In Re: Standard Jury Instructions In Civil Cases - Report No. 09-09 (Punitive
Damages), No. SC09-306
Instruction 503.1b(4) is a new instruction pertaining to punitive damages,
intended to cover two scenarios not addressed in the former PD instructions.
Those scenarios include: (1) where the plaintiff seeks punitive damages from an
employer under a theory of vicarious liability but the employee whose conduct is
the basis for the claim is not sued individually, and (2) where the plaintiff seeks
punitive damages from an employer under a theory of vicarious liability but the
employee whose conduct is the basis for the claim is not a party to the action at all.
The structure and language in instruction 503.1b(4) is the same as or similar to
- 12 -

language this Court has previously authorized in strict liability instructions, and we
authorize it as proposed.
CONCLUSION
Having considered the Committee’s reports, the comments received in
response, and the Committee’s replies to those comments, we hereby authorize for
publication and use the reorganization and modification of the standard civil jury
instructions, with the exception of the proposed modifications to instructions
401.3, 402.3, 404.3, 405.3, 406.3, 407.3, 408.3, 409.3, 410.3, 412.5, 413.3,
503.1b(1), b(2), b(3), b(4), and c(1), and 503.2b(1), b(2), b(3), and b(4), defining
―greater weight of the evidence.‖  Those numbered instructions retain the
definition as previously authorized in former instruction 3.9.  In addition, we also
authorize for publication and use the specific instructions including substantive
changes, as discussed above.  All of the standard civil jury instructions, revised or
renumbered or both, appear in the appendix to this opinion, fully engrossed and
ready for use.
In authorizing the publication and use of the standard civil jury instructions,
we express no opinion on their correctness and remind all interested parties that
this authorization forecloses neither requesting additional or alternative
instructions nor contesting the legal correctness of the instructions.  We further
caution all interested parties that any comments associated with the instructions
- 13 -

reflect only the opinion of the Committee and are not necessarily indicative of the
views of this Court as to their correctness or applicability.  The instructions as set
forth in the appendix, fully engrossed, shall be effective when this opinion
becomes final.
Finally, we wish to acknowledge the hard work and thoughtful consideration
of the Committee in bringing to the Court its thorough recommendations to
improve the jury system in civil cases in Florida.  As the result of the dedication of
those who participated in this matter, the citizens of this state will experience a
more meaningful and satisfying jury experience, while facilitating a more efficient
and more effective jury system overall.
It is so ordered.
QUINCE, C.J, and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and
PERRY, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Nine Cases Consolidated:
Original Proceeding - Standard Jury Instructions in Civil Cases Committee
Tracy Raffles Gunn, Chair, Supreme Court Committee on Standard Jury
Instructions in Civil Cases, of Gunn Appellate Practice, Tampa, Florida, Judge
James M. Barton, II, Vice Chair, Thirteenth Judicial Circuit, Tampa, Florida, Larry
S. Stewart, Chair, Book Reorganization Subcommittee, Miami, Florida, Judge
Ralph Artigliere, Chair, Errors and Omissions Subcommittee, Blue Ridge,
Georgia, Joseph H. Lang, Jr., Chair, Supreme Court Filing Subcommittee, of
Carlton Fields, P.A., Tampa, Florida, and Judge Lucy C. Brown, Chair, Plain
- 14 -

English Subcommittee, Fifteenth Judicial Circuit, West Palm Beach, Florida; John
F. Harkness, Jr., Executive Director, and Jodi Beth Jennings, Bar Liaison, The
Florida Bar, Tallahassee, Florida,
for Petitioner
- 15 -

APPENDIX
SECTION 101 — OATHS
101.1   Oath of Jurors Before Voir Dire
101.2   Oath of Jurors After Voir Dire
101.3   Oath of a Witness
101.4   Oath of an Interpreter
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]?
101.2                                                                                                    OATH OF JUROR AFTER VOIR DIRE
Do you solemnly swear or affirm that you will well and truly try this case between the
[plaintiff(s)] [petitioner(s)] and [defendant(s)] [respondent(s)], and a true verdict render according
to the law and evidence [so help you God]?
101.3                                                                                                    OATH OF A WITNESS
Do you solemnly swear or affirm that the evidence you are about to give will be the truth, the
whole truth, and nothing but the truth [so help you God]?
101.4                                                                                                    OATH OF AN INTERPRETER
Do you solemnly swear or affirm that you will make a true interpretation to the witness of all
questions or statements made to [him] [her] in a language which that person understands, and a
true interpretation of the witness’ statements into the English language [so help you God]?
- 16 -

SECTION 200 — PRELIMINARY INSTRUCTIONS
A.  During Jury Instruction
201.1   Description of the Case
201.2   Introduction of Participants and Their Roles
201.3   Explanation of the Voir Dire Process
B.  After Jury Selected and Sworn
202.1   Introduction
202.2   Explanation of the Trial Procedure
202.3   Note-Taking by Jurors
202.4   Juror Questions
202.5   Jury to Be Guided by Official English Translation/Interpretation
- 17 -

201.1 DESCRIPTION OF THE CASE
(Prior to Voir Dire)
Welcome. [I] [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 is a case about (insert brief description of claim(s) and defense(s) brought to trial in this
case).*
The incident involved in this case occurred on (date) at (location). (Add any other information
relevant to voir dire).
The   principal   witnesses   who   will   testify   in   this   case   are                                   (list   witnesses).
NOTE ON USE FOR 201.1
*See, for example, 401.2.
201.2 INTRODUCTION OF PARTICIPANTS
AND THEIR ROLES
Who are the people here and what do they do?
Judge/Court: I am the Judge. You may hear people occasionally refer to me as ―The Court.‖
That is the formal name for my role. My job is to maintain order and decide how to apply the rules
of the law to the trial. I will also explain various rules to you that you will need to know in order to
do your job as the jury. It is my job to remain neutral on the issues of this lawsuit.
Attorneys: The attorneys to whom I will introduce you have the job of representing their
clients. That is, they speak for their clients here at the trial. They have taken oaths as attorneys to
do their best and to follow the rules of their profession.
Plaintiff’s Counsel: The attorney on this side of the courtroom, (introduce by name), represents
(client name) and is the person who filed the lawsuit here at the courthouse. [His] [Her] job is to
present [his] [her] client’s side of things to you. [He] [She] and [his] [her] client will be referred to
most of the time as ―the plaintiff.‖
Defendant’s Counsel: The attorney on this side of the courtroom, (introduce by name), represents
(client name), the one who has been sued. [His] [Her] job is to present [his] [her] client’s side of things
to you. [He] [She] and [his] [her] client will usually be referred to here as ―the defendant.‖
- 18 -

Court Clerk: This person sitting in front of me, (name), is the court clerk. [He] [She] is here to
assist me with some of the mechanics of the trial process, including the numbering and collection of
the exhibits that are introduced in the course of the trial.
Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter.
[His] [Her] job is to keep an accurate legal record of everything we say and do during this trial.
Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to maintain order and
security in the courtroom. The bailiff is also my representative to the jury. Anything you need or
any problems that come up for you during the course of the trial should be brought to [him] [her].
However, the bailiff cannot answer any of your questions about the case. Only I can do that.
Jury: Last, but not least, is the jury, which we will begin to select in a few moments from
among all of you. The jury’s job will be to decide what the facts are and what the facts mean.
Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit. At
the end of the trial the jury will give me a written verdict. A verdict is simply the jury’s answer to
my questions about the case.
201.3 EXPLANATION OF THE VOIR DIRE PROCESS
Voir Dire:
The last thing I want to do, before we begin to select the jury, is to explain to you how the
selection process works.
Questions/Challenges: This is the part of the case where the parties and their lawyers have the
opportunity to get to know a little bit about you, in order to help them come to their own
conclusions about your ability to be fair and impartial, so they can decide who they think should be
the jurors in this case.
How we go about that is as follows: First, I’ll ask some general questions of you. Then, each
of the lawyers will have more specific questions that they will ask of you. After they have asked all
of their questions, I will meet with them and they will tell me their choices for jurors. Each side can
ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or
she might be unable to be fair and impartial. That is what is called a challenge for cause. The
lawyers also have a certain number of what are called peremptory challenges, by which they may
exclude a person from the jury without giving a reason. By this process of elimination, the
remaining persons are selected as the jury. It may take more than one conference among the
parties, their attorneys, and me before the final selections are made.
Purpose of Questioning: The questions that you will be asked during this process are not
intended to embarrass you or unnecessarily pry into your personal affairs, but it is important that
the parties and their attorneys know enough about you to make this important decision. If a
question is asked that you would prefer not to answer in front of the whole courtroom, just let me
know and you can come up here and give your answer just in front of the attorneys and me. If you
have a question of either the attorneys or me, don’t hesitate to let me know.
- 19 -

Response to Questioning: There are no right or wrong answers to the questions that will be
asked of you. The only thing that I ask is that you answer the questions as frankly and as honestly
and as completely as you can. You [will take] [have taken] an oath to answer all questions truthfully
and completely and you must do so. Remaining silent when you have information you should
disclose is a violation of that oath as well. If a juror violates this oath, it not only may result in
having to try the case all over again but also can result in civil and criminal penalties against a
juror personally. So, again, it is very important that you be as honest and complete with your
answers as you possibly can. If you don’t understand the question, please raise your hand and ask
for an explanation or clarification.
In sum, this is a process to assist the parties and their attorneys to select a fair and impartial
jury. All of the questions they ask you are for this purpose. If, for any reason, you do not think you
can be a fair and impartial juror, you must tell us.
NOTE ON USE FOR 201.3
The publication of this recommended instruction is not intended to intrude upon the trial judge’s own style
and manner of delivery. It may be useful in cataloging the subjects to be covered in an introductory instruction.
202.1    INTRODUCTION
Administer oath:
You have now taken an oath to serve as jurors in this trial. Before we begin, I am going to tell
you about the rules of law that apply to this case and let you know what you can expect as the trial
proceeds.
It is my intention to give you [all] [most] of the rules of law but it might be that I will not
know for sure all of the law that will apply in this case until all of the evidence is presented.
However, I can anticipate most of the law and give it to you at the beginning of the trial so that you
will better understand what to be looking for while the evidence is presented. If I later decide that
different or additional law applies to the case, I will tell you. In any event, at the end of the evidence
I will give you the final instructions on which you must base your verdict. At that time, you will
have a complete written set of the instructions so you do not have to memorize what I am about to
tell you.
(Continue with the Substantive law, Damages, and General instructions from the applicable sections of
this book, followed by the applicable parts of 202.2 through 202.5)
NOTE ON USE FOR 202.1
The committee recommends giving the jury at the beginning of the trial a complete as possible set of
instructions on the Substantive law, Damages, and General Instructions.
- 20 -

202.2 EXPLANATION OF THE TRIAL PROCEDURE
Now that you have heard the law, I want to let you know what you can expect as the trial
proceeds.
Opening Statements: In a few moments, the attorneys will each have a chance to make what
are called opening statements. In an opening statement, an attorney is allowed to give you [his]
[her] views about what the evidence will be in the trial and what you are likely to see and hear in
the testimony.
Evidentiary Phase: After the attorneys’ opening statements the plaintiffs will  bring their
witnesses and evidence to you.
Evidence: Evidence is the information that the law allows you to see or hear in deciding this
case. Evidence includes the testimony of the witnesses, documents, and anything else that I instruct
you to consider.
Witnesses: A witness is a person who takes an oath to tell the truth and then answers
attorneys’ questions for the jury. The answering of attorneys’ questions by witnesses is called
―giving testimony.‖ Testimony means statements that are made when someone has sworn an oath to
tell the truth.
The plaintiff’s lawyer will normally question the witness first. That is called direct examination.
Then the defense lawyer may ask the same witness additional questions about whatever the witness
has testified to. That is called cross-examination. Certain documents or other evidence may also be
shown to you during direct or cross-examination. After the plaintiff’s witnesses have testified, the
defendant will have the opportunity to put witnesses on the stand and go through the same process.
Then the plaintiff’s lawyer gets to do cross-examination. The process is designed to be fair to both
sides.
It is important that you remember that testimony comes from witnesses. The attorneys do not
give testimony and they are not themselves witnesses.
Objections: Sometimes the attorneys will disagree about the rules for trial procedure when a
question is asked of a witness. When that happens, one of the lawyers may make what is called an
―objection.‖ The rules for a trial can be complicated, and there are many reasons for the attorneys
to object. You should simply wait for me to decide how to proceed. If I say that an objection is
―sustained,‖ that means you should disregard the question and the witness may not answer the
question. If I say that the objection is ―overruled,‖ that means the witness may answer the question.
When there is an objection and I make a decision, you must not assume from that decision
that I have any particular opinion other than that the rules for conducting a trial are being
correctly followed. If I say a question may not be asked or answered, you must not try to guess what
the answer would have been. That is against the rules, too.
Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal elements of
the case that are not appropriate for the jury to hear. The attorneys and I will try to have as few of
- 21 -

these conferences as possible while you are giving us your valuable time in the courtroom. But, if we
do have to have such a conference during testimony, we will try to hold the conference at the side of
my desk so that we do not have to take a break and ask you to leave the courtroom.
Recesses: Breaks in an ongoing trial are usually called ―recesses.‖ During a recess you still
have your duties as a juror and must follow the rules, even while having coffee, at lunch, or at
home.
Instructions Before Closing Arguments: After all the evidence has been presented to you, I will
instruct you on the law that you must follow. It is important that you remember these instructions
to assist you in evaluating the final attorney presentations, which come next, and, later, during your
deliberations, to help you correctly sort through the evidence to reach your decision.
Closing  Arguments:  The  attorneys  will  then  have  the  opportunity  to  make  their  final
presentations to you, which are called closing arguments.
Final Instructions: After you have heard the closing arguments, I will instruct you further in
the law as well as explain to you the procedures you must follow to decide the case.
Deliberations: After you hear the final jury instructions, you will go to the jury room and
discuss and decide the questions I have put on your verdict form. [You will have a copy of the jury
instructions to use during your discussions.] The discussions you have and the decisions you make
are usually called ―jury deliberations.‖ Your deliberations are absolutely private and neither I nor
anyone else will be with you in the jury room.
Verdict: When you have finished answering the questions, you will give the verdict form to
the bailiff, and we will all return to the courtroom where your verdict will be read. When that is
completed, you will be released from your assignment as a juror.
What are the rules?
Finally, before we begin the trial, I want to give you just a brief explanation of rules you must
follow as the case proceeds.
Keeping an Open Mind: You must pay close attention to the testimony and other evidence as it
comes into the trial. However, you must avoid forming any final opinion or telling anyone else your
views on the case until you begin your deliberations. This rule requires you to keep an open mind
until you have heard all of the evidence and is designed to prevent you from influencing how your
fellow jurors think until they have heard all of the evidence and had an opportunity to form their
own opinions. The time and place for coming to your final opinions and speaking about them with
your fellow jurors is during deliberations in the jury room, after all of the evidence has been
presented, closing arguments have been made, and I have instructed you on the law. It is important
that you hear all of the facts and that you hear the law and how to apply it before you start deciding
anything.
Consider Only the Evidence: It is the things you hear and see in this courtroom that matter in
this trial. The law tells us that a juror can consider only the testimony and other evidence that all the
- 22 -

other jurors have also heard and seen in the presence of the judge and the lawyers. Doing anything
else is wrong and is against the law. That means that you cannot do any work or investigation of your
own about the case. You cannot obtain on your own any information about the case or about anyone
involved in the case, from any source whatsoever, including the internet, and you cannot visit places
mentioned in the trial.
Do not provide any information about this case to anyone, including friends or family
members. Do not let anyone, including the closest family members, make comments to you or ask
questions about the trial. Similarly, it is important that you avoid reading any newspaper accounts
or watching or listening to television or radio comments that have anything to do with this case or
its subject.
No Mid-Trial Discussions: When we are in a recess, do not discuss anything about the trial or
the case with each other or with anyone else. If attorneys approach you, don’t speak with them. The
law says they are to avoid contact with you. If an attorney will not look at you or speak to you, do not
be offended or form a conclusion about that behavior. The attorney is not supposed to interact with
jurors outside of the courtroom and is only following the rules. The attorney is not being impolite. If
an attorney or anyone else does try to speak with you or says something about the case in your
presence, please inform the bailiff immediately.
Only the Jury Decides: Only you get to deliberate and answer the verdict questions at the end of
the trial. I will not intrude into your deliberations at all. I am required to be neutral. You should not
assume that I prefer one decision over another. You should not try to guess what my opinion is about
any part of the case. It would be wrong for you to conclude that anything I say or do means that I am
for one side or another in the trial. Discussing and deciding the facts is your job alone.
NOTES ON USE FOR 202.2
1.                                                                                                                        This instruction is intended for situations in which at the end of the case the jury is going to be
instructed  before  closing  argument.  The  committee  strongly  recommends  instructing  the  jury  before  closing
argument. If, however, the court is going to instruct the jury after closing argument, this instruction will have to be
amended.
2.                                                                                                                        The publication of this recommended instruction is not intended to intrude upon the trial judge’s own
style and manner of delivery. It may be useful in cataloging the subjects to be covered in an introductory instruction.
202.3                                                                                                                     NOTE-TAKING BY JURORS
If you would like to take notes during the trial, you may do so. On the other hand, of course,
you are not required to take notes if you do not want to. That will be left up to you individually.
You will be provided with a note pad and a pen for use if you wish to take notes. Any notes
that you take will be for your personal use. However, you should not take them with you from the
courtroom. During recesses, the bailiff will take possession of your notes and will return them to
you when we reconvene. After you have completed your deliberations, the bailiff will deliver your
notes to me. They will be destroyed. No one will ever read your notes.
- 23 -

If you take notes, do not get so involved in note-taking that you become distracted from the
proceedings. Your notes should be used only as aids to your memory.
Whether or not you take notes, you should rely on your memory of the evidence and you
should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater
weight than each juror’s memory of the evidence.
NOTES ON USE FOR 202.3
1.                                                                                                          The court should furnish all jurors with the necessary pads and pens for taking notes. Additionally, it
may be desirable for jurors to be furnished with envelopes to place the notes for additional privacy.
2.                                                                                                          Fla.R.Jud.Admin.  2.430(k)  provides  that  at  the  conclusion  of the  trial,  the  court  shall  collect  and
immediately destroy all juror notes.
3.                                                                                                          Fla.R.Civ.P. 1.455 provides that the trial court may, in its discretion, authorize the use of juror notebooks
to contain documents and exhibits as an aid to the jurors in performing their duties.
4.                                                                                                          When it is impractical to take exhibits into the jury room, this instruction should be modified to describe
how the jury will have access to the exhibits.
202.4 JUROR QUESTIONS
During the trial, you may have a question you think should be asked of a witness. If so,
there is a procedure by which you may request that I ask the witness a question. After all the
attorneys have completed their questioning of the witness, you should raise your hand if you have a
question. I will then give you sufficient time to write the question on a piece of paper, fold it, and
give it to the bailiff, who will pass it to me. You must not show your question to anyone or discuss it
with anyone.
I will then review the question with the attorneys. Under our law, only certain evidence may
be considered by a jury in determining a verdict. You are bound by the same rules of evidence that
control the attorneys’ questions. If I decide that the question may not be asked under our rules of
evidence, I will tell you. Otherwise, I will direct the question to the witness. The attorneys may then
ask follow-up questions if they wish. If there are additional questions from jurors, we will follow the
same procedure again.
By providing this procedure, I do not mean to suggest that you must or should submit
written questions for witnesses. In most cases, the lawyers will have asked the necessary questions.
NOTE ON USE FOR 202.4
Fla.R.Civ.P. 1.452 mandates that jurors be permitted to submit written questions directed to witnesses or
the court.
202.5 JURY TO BE GUIDED BY OFFICIAL ENGLISH TRANSLATION/INTERPRETATION
- 24 -

[A]  [Some] witness[es] may testify in  (language to be used) which will be interpreted in
English.
The evidence you are to consider is only that provided through the official court interpreters.
Although some of you may know (language used), it is important that all jurors consider the same
evidence. Therefore, you must accept the English interpretation. You must disregard any different
meaning.
If, however, during the testimony there is a question as to the accuracy of the English
interpretation, you should bring this matter to my attention immediately by raising your hand. You
should not ask your question or make any comment about the interpretation in the presence of the
other jurors, or otherwise share your question or concern with any of them. I will take steps to see
if your question can be answered and any discrepancy resolved. If, however, after such efforts a
discrepancy remains, I emphasize that you must rely only upon the official English interpretation
as provided by the court interpreter and disregard any other contrary interpretation.
NOTE ON USE FOR 202.5
When instructing the jury at the beginning of the trial, this instruction should be used in lieu of 601.3. See
United States v. Franco, 136 F.3d 622, 626 (9th Cir. 1998); United States v. Fuentes-Montijo, 68 F.3d 352, 355-56
(9th Cir. 1995). For an example, see Model Instruction No. 1.
- 25 -

SECTION 300 — EVIDENCE INSTRUCTIONS
301.1   Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and
Admissions
301.2   Instruction when First Item of Documentary, Photographic, or Physical Evidence Is
Admitted
301.3   Instruction when Evidence Is First Published to Jurors
301.4   Instruction Regarding Visual or Demonstrative Aids
301.5   Evidence Admitted for a Limited Purpose
301.6   Jury to be Guided by Official English Translation/Interpretation
301.7   Jury to Be Guided by Official English Transcript of Recording in Foreign Language
(Accuracy Not in Dispute)
301.8   Jury to Be Guided by Official English Translation/Interpretation — Transcript of
Recording in Foreign Language (Accuracy in Dispute)
301.9   Disregard Stricken Matter
301.10  Instruction Before Recess
301.1 DEPOSITION TESTIMONY, INTERROGATORIES,
STIPULATED TESTIMONY, STIPULATIONS,
AND ADMISSIONS
(From 1.13(a))
a.                                                                                                   Deposition or prior testimony:
Members of the jury, the sworn testimony of (name), given before trial, will now be presented.
You are to consider and weigh this testimony as you would any other evidence in the case.
b.                                                                                                   Interrogatories:
Members of the jury, answers to interrogatories will now be read to you. Interrogatories are
written questions that have been presented before trial by one party to another. They are answered
under oath. You are to consider and weigh these questions and answers as you would any other
evidence in the case.
c.                                                                                                   Stipulated testimony:
                                                                                                     Members of the jury, the parties have agreed that if  (name of witness) were called as a
                                                                                                     witness, [he] [she] would testify (read or describe the testimony). You are to consider and weigh this
                                                                                                     testimony as you would any other evidence in the case.
d.                                                                                                   Stipulations:
                                                                                                     Members of the jury, the parties have agreed to certain facts. You must accept these facts as
                                                                                                     true. (Read the agreed facts).
e.                                                                                                   Admissions:
1.                                                                                                   Applicable to all parties:
- 26 -

Members of the jury, (identify the party or parties that have admitted the facts) [has] [have]
admitted certain facts. You must accept these facts as true. (Read the admissions).
2.                                                                                                                     Applicable to fewer than all parties:
Members of the jury, (identify the party or parties that have admitted the facts) [has] [have]
admitted certain facts. You must accept these facts as true in deciding the issues between (identify
the affected parties), but these facts should not be used in deciding the issues between (identify the
unaffected parties). (Read the admissions).
NOTE ON USE FOR 301.1
The committee recommends that the appropriate explanation be read immediately before a deposition, or an
interrogatory and answer, stipulated testimony, a stipulation, or an admission are read in evidence, and that no
instruction on the subject be repeated at the conclusion of the trial.
301.2  INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY,
PHOTOGRAPHIC, OR PHYSICAL
EVIDENCE IS ADMITTED
The  (describe item of evidence) has now been received in evidence. Witnesses may testify
about or refer to this or any other item of evidence during the remainder of the trial. This and all
other items received in evidence will be available to you for examination during your deliberations
at the end of the trial.
NOTE ON USE FOR 301.2
This  instruction  should  be  given  when  the  first  item  of  evidence  is  received  in  evidence.  It  may  be
appropriate to repeat this instruction when items received in evidence are not published to the jury. It may be
combined with 301.5 in appropriate circumstances. It may also be given in conjunction with 301.4 if a witness has
used exhibits which have been admitted in evidence and demonstrative aids which have not.
301.3  INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO JURORS
The (describe item of evidence) has been received in evidence. It is being shown to you now to
help you understand the testimony of this witness and other witnesses in the case, as well as the
evidence as a whole. You may examine  (describe item of evidence) briefly now. It will also be
available to you for examination during your deliberations at the end of the trial.
NOTE ON USE FOR 301.3
This instruction may be given when an item received in evidence is handed to the jurors. It may be combined
with 301.5 in appropriate circumstances.
301.4  INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE AIDS
- 27 -

a.                                                                                                                        Generally:
This witness will be using (identify demonstrative or visual aid(s)) to assist in explaining or
illustrating [his] [her] testimony. The testimony of the witness is evidence; however, [this] [these]
(identify demonstrative or visual aid(s)) [is] [are] not to be considered as evidence in the case unless
received in evidence, and should not be used as a substitute for evidence. Only items received in
evidence will be available to you for consideration during your deliberations.
b.                                                                                                                        Specially created visual or demonstrative aids based on disputed assumptions:
This witness will be using (identify demonstrative aid(s)) to assist in explaining or illustrating
[his] [her] testimony. [This] [These] item[s] [has] [have] been prepared to assist this witness in
explaining [his] [her] testimony. [It] [They] may be based on assumptions which you are free to
accept  or  reject.  The  testimony  of  the  witness  is  evidence;  however,                                            [this]                                                                                                    [these]   (identify
demonstrative or visual aid(s)) [is] [are] not to be considered as evidence in the case unless received in
evidence, and should not be used as a substitute for evidence. Only items received in evidence will
be available to you for consideration during your deliberations.
NOTES ON USE FOR 301.4
1.                                                                                                                        Instruction 301.4a should be given at the time a witness first uses a demonstrative or visual aid which
has not been specially created for use in the case, such as a skeletal model.
2.                                                                                                                        Instruction 301.4b is designed for use when a witness intends to use demonstrative or visual aids
which are based on disputed assumptions, such as a computer-generated model. This instruction should be given at
the time the witness first uses these demonstrative or visual aids. This instruction should be used in conjunction with
301.3 if a witness uses exhibits during testimony, some of which are received in evidence, and some of which are
not.
301.5 EVIDENCE ADMITTED FOR A LIMITED PURPOSE
The (describe item of evidence) has now been received into evidence. It has been admitted only
[for the purpose of (describe purpose)] [as to (name party)]. You may consider it only [for that purpose]
[as it might affect (name party)]. You may not consider that evidence [for any other purpose] [as to
[any other party] [(name other party(s)].
301.6  JURY TO BE GUIDED BY OFFICIAL ENGLISH TRANSLATION/INTERPRETATION
Introduction:
The law requires that the court appoint a qualified interpreter to assist a witness who does
not readily speak or understand the English language in testifying. The interpreter does not work
for either side in this case. [He] [She] is completely neutral in the matter and is here solely to assist
us in communicating with the witness. [He] [She] will repeat only what is said and will not add,
- 28 -

omit, or summarize anything. The interpreter in this case is (name of interpreter). The oath will now
be administered to the interpreter.
Oath to Interpreter:
Do you solemnly swear or affirm that you will make a true interpretation to the witness of all
questions or statements made to [him] [her] in a language which that person understands, and
interpret the witness’s statements into the English language, to the best of your abilities [so help you
God]?
Foreign Language Testimony:
You are about to hear testimony of a witness who will be testifying in (language used). This
witness will testify through the official court interpreter. Although some of you may know (language
used), it is important that all jurors consider the same evidence. Therefore, you must accept the
English translation of the witness’s testimony. You must disregard any different meaning.
If, however, during the testimony there is a question as to the accuracy of the English
interpretation, you should bring this matter to my attention immediately by raising your hand. You
should not ask your question or make any comment about the interpretation in the presence of the
other jurors, or otherwise share your question or concern with any of them. I will take steps to see
if your question can be answered and any discrepancy resolved. If, however, after such efforts a
discrepancy remains, I emphasize that you must rely only upon the official English interpretation
as provided by the court interpreter and disregard any other contrary interpretation.
NOTE ON USE FOR 301.6
This instruction should be given to the jury immediately before the testimony of a witness who will be
testifying through the services of an official court interpreter. Compare United States v. Franco, 136 F.3d 622, 626
(9th Cir. 1998) (jury properly instructed that it must accept translation of foreign-language tape-recording when
accuracy of translation is not in issue); United States v. Fuentes-Montijo, 68 F.3d 352, 355-56 (9th Cir. 1995).
301.7 JURY TO BE GUIDED BY OFFICIAL ENGLISH
TRANSCRIPT OF RECORDING IN FOREIGN LANGUAGE
(ACCURACY NOT IN DISPUTE)
You are about to listen to a tape recording in (language used). Each of you has been given a
transcript of the recording which has been admitted into evidence. The transcript is a translation of
the foreign language tape recording.
Although some of you may know (language used), it is important that all jurors consider the
same evidence. Therefore, you must accept the English translation contained in the transcript and
disregard any different meaning.
If, however, during the testimony there is a question as to the accuracy of the English
translation, you should bring this matter to my attention immediately by raising your hand. You
- 29 -

should not ask your question or make any comment about the translation in the presence of the
other jurors, or otherwise share your question or concern with any of them. I will take steps to see
if your question can be answered and any discrepancy resolved. If, however, after such efforts a
discrepancy remains, I emphasize that you must rely only upon the official English translation as
provided by the court interpreter and disregard any other contrary translation.
NOTE ON USE FOR 301.7
This instruction is appropriate immediately prior to the jury hearing a tape-recorded conversation in a foreign
language if the accuracy of the translation is not an issue. See, e.g., United States v. Franco, 136 F.3d 622, 626 (9th
Cir. 1998); United States v. Fuentes-Montijo, 68 F.3d 352, 355-56 (9th Cir. 1995).
301.8 JURY TO BE GUIDED BY OFFICIAL ENGLISH
TRANSLATION/INTERPRETATION —
TRANSCRIPT OF RECORDING IN FOREIGN LANGUAGE
(ACCURACY IN DISPUTE)
You are about to listen to a tape recording in (language used). Each of you has been given a
transcript of the recording. The transcripts were provided to you by [the plaintiff] [the defendant]
so that you could consider the content of the recordings. The transcript is an English translation of
the foreign language tape recording.
Whether a transcript is an accurate translation, in whole or in part, is for you to decide. In
considering whether a transcript accurately describes the meaning of a conversation, you should
consider the testimony presented to you regarding how, and by whom, the transcript was made.
You may consider the knowledge, training, and experience of the translator, as well as the nature of
the conversation and the reasonableness of the translation in light of all the evidence in the case.
You should not rely in any way on any knowledge you may have of the language spoken on the
recording; your consideration of the transcripts should be based on the evidence introduced in the
trial.
NOTE ON USE FOR 301.8
This instruction is appropriate immediately prior to the jury hearing a tape-recorded conversation in a foreign
language if the accuracy of the translation is an issue. See, e.g., United States v. Jordan, 223 F.3d 676, 689 (7th Cir.
2000). See also Seventh Circuit Federal Criminal Jury Instructions §3.18.
301.9  DISREGARD STRICKEN MATTER
NOTE ON USE FOR 301.9
No  standard  instruction  is  provided.  The  court  should  give  an  instruction  that  is  appropriate  to  the
circumstances. In drafting a curative instruction, the court must decide on a measured response that will do more
good than harm, going no further than necessary. The language of curative instructions should be carefully selected
so as not to punish a party or attorney.
- 30 -

301.10  INSTRUCTION BEFORE RECESS
NOTE ON USE FOR 301.10
No standard instruction is provided. The jury should be given an appropriate reminder in advance of any
recess.
- 31 -

SECTION 400 — SUBSTANTIVE INSTRUCTIONS
401   General Negligence
402   Professional Negligence
403   Products Liability
404   Insurer’s Bad Faith
405   Defamation
406   Malicious Prosecution
407   False Imprisonment
408   Tortious Interference with Business Relationships
409   Misrepresentation
410   Outrageous Conduct Causing Severe Emotional Distress
411   Civil Theft
412   Contribution Among Tortfeasors
413   Claim for Personal Injury Protection (PIP) Benefits (Medical Benefits only)
414   Intentional Tort As an Exception to Exclusive Remedy of Workers’ Compensation
415   Unlawful Retaliation
NOTE ON USE
These substantive instructions should be followed by the applicable sections from Damages, Substantive
Instructions — General, and Closing Instructions (Before Final Argument).
- 32 -

401 GENERAL NEGLIGENCE
401.1                                                                                                                      Introduction
401.2                                                                                                                      Summary of Claims
401.3                                                                                                                      Greater Weight of the Evidence
401.4                                                                                                                      Negligence
401.5                                                                                                                      Negligence of a Child
401.6                                                                                                                      Negligence of a Common Carrier
401.7                                                                                                                      Res Ipsa Loquitur
401.8                                                                                                                      Violation of Non-Traffic Penal Statute as Negligence per Se
401.9                                                                                                                      Violation of Statute, Ordinance, or Regulation as Evidence of Negligence
401.10                                                                                                                     Equal and Reciprocal Rights of Motorists and   Pedestrians
401.11                                                                                                                     Duty of Motorist Toward Children
401.12                                                                                                                     Legal Cause
401.13                                                                                                                     Preemptive Charges
401.14                                                                                                                     Preliminary Issues — Vicarious Liability
401.15                                                                                                                     Preliminary Issues — Common Carrier
401.16                                                                                                                     Preliminary Issues — Premises Liability
401.17                                                                                                                     Burden of  Proof on Preliminary Issues
401.18                                                                                                                     Issues on Plaintiff’s Claim — General Negligence
401.19                                                                                                                     Issues on Plaintiff’s Claim — Common Carrier
401.20                                                                                                                     Issues on Plaintiff’s Claim — Premises Liability
401.21                                                                                                                     Burden of Proof on Main Claim
401.22                                                                                                                     Defense Issues
401.23                                                                                                                     Burden of Proof on Defense Issues
401.24                                                                                                                     Counterclaims, Cross Claims, and Third Party Claims
401.1 INTRODUCTION
Members of the jury, you have now heard and received all of the evidence in this case. I am
now going to tell you about the rules of law that you must use in reaching your verdict. [You will
recall at the beginning of the case I told you that if, at the end of the case I decided that different
law applies, I would tell you so. These instructions are (slightly) different from what I gave you at
the beginning and it is these rules of law that you must now follow.] When I finish telling you about
the rules of law, the attorneys will present their final arguments and you will then retire to decide
your verdict.
NOTES ON USE FOR 401.1
1.                                                                                                                         When instructing the jury before taking evidence, use instruction 202.1 in lieu of instruction 401.1.
See Model Instruction No. 1. Instruction 401.1 is for instructing the jury after the evidence has been concluded. Use
the bracketed language in instruction 401.1 when the final instructions are different from the instructions given at
the beginning of the case. If the instructions at the end of the case are different from those given at the beginning of
the case, the committee recommends that the court point out the differences with appropriate language in the final
instructions, including an explanation for the difference, such as where the court has directed a verdict on an issue.
- 33 -

2.                                                                                                                         Fla.R.Civ.P. 1.470(b) authorizes instructing the jury during trial or before or after final argument. The
timing of instructions is within the sound discretion of the trial judge, to be determined on a case -by-case basis, but
the committee strongly recommends instructing the jury before final argument.
3

Download SC09-299.pdf