Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Standard Jury Instructions in Civil Cases-Report 17-01

Supreme Court of Florida

November 16, 2017

IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES-REPORT 17-01.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

         Original Proceeding - Supreme Court Committee on Standard Jury Instructions in Civil Cases

          Rebecca Mercier Vargas, Chair, Supreme Court Committee on Standard Jury Instructions in Civil Cases, West Palm Beach, Florida; and Laura K. Whitmore, Vice Chair and Subcommittee Chair, Filing Subcommittee of the Supreme Court Committee on Standard Jury Instructions in Civil Cases, Tampa, Florida, for Petitioner.

          PER CURIAM.

         The Supreme Court Committee on Standard Jury Instructions in Civil Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

         The Committee proposes amending instruction 201.2 (Introduction of Participants and Their Roles) and instruction 202.4 (Juror Questions). The Committee published its proposals in The Florida Bar News. No comments were received. The Court did not publish the Committee's proposals.[1]

         Instruction 201.2 is amended to include the following language pertaining to the paragraph addressing communications with court personnel, including the judge: "This means, if you are outside the courtroom, any communication with me must be in writing, unsigned, and handed directly to the bailiff. Do not share the content of the writing with anyone, including other jurors."

         Instruction 202.4 is amended to clarify that jurors must ask questions of a witness before the witness leaves the witness stand, by adding the following language: "It is important to know that if you have a question you believe should be asked of a witness, you must raise your hand and request that I ask the witness the question before the witness leaves the witness stand. You will not have an opportunity to ask the witness a question once the witness leaves the courtroom."

         Having considered the Committee's report, we authorize the Committee's proposals for publication and use as set forth in the appendix to this opinion. New language is indicated by underlining, while deleted language is struck-through. In authorizing the publication and use of these 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 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 shall become effective when this opinion becomes final.

         It is so ordered.

          LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ, concur.

         APPENDIX

         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.

         Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant.

         Attorneys: The attorneys have the job of representing their clients. That means they speak for their client here at the trial. They have taken oaths as attorneys to do ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.