The Supreme Court Committee on Standard Jury Instructions in Civil Cases has published the following notices seeking public comments on possible amendments to the Standard Jury Instructions in Civil Cases.
Notice published in the April 1, 2016, Florida Bar News. Deadline for comments was May 2, 2016. The Florida Supreme Court sought comments from the public on this Committee’s report proposing new Florida Standard Jury Instructions in Civil Cases 416.1 – 416.11, for actions brought under the Florida Civil Rights Act, §§ 760.01-11, Florida Statutes. This report proposed new Section 416, Unlawful Discrimination and new jury instructions 416.1 (Introduction); 416.2 (Summary of Claims and Defenses); 416.3 (Greater Weight of the Evidence); 416.4 (Discrimination—Disparate Treatment); 416.5 (Legal Cause—Discrimination); 416.6 (Legal Cause—Damage); 416.7 (Issues on Plaintiff’s Claim); 416.8 (Burden of Proof on Claim); 416.9 (Unlawful Discrimination Damages); 416.10 (Affirmative Defense—Failure to Mitigate Lost Wages); 416.11 (Affirmative Defense—After-Acquired Evidence); and 416.12 (Reduction of Damages to Present Value).
Notice published in the December 1, 2015, Florida Bar News. Deadline for comments was December 30, 2015.
- Instruction 502.2 (amending instruction on Wrongful Death Damages: Elements for Estate and Survivors to clarify that the damages begin on the date of the injury)
- Instruction 601.2 (amending instruction on Believability of Witnesses to add language from the standard instruction in criminal cases on witnesses who spoke to a lawyer about their testimony)
Notice published in the August 15, 2015, Florida Bar News. Deadline for comments was September 15, 2015. This proposed amendment to instruction 403.7 Strict Liability updates the notes on use to reflect a recent decision by the Florida Supreme Court.
Notice published in the June 15, 2015, Florida Bar News. Deadline for comments was July 15, 2015. This notice amends Florida Standard Jury Instructions in Civil Cases 401.21, 401.23, 402.13, 402.15, 409.12, 412.8, 412.9, 501.4, 502.5, Model Instruction No. 1, Model Instruction No. 2, Model Instruction No. 3, Model Instruction No. 4, Model Instruction No. 5, Model Verdict Form 1, and Form 5(c). These amendments revise the jury instructions and verdict forms on apportionment of fault that are inconsistent with the jury instructions on legal causation and comparative fault. The amendment to instruction 502.5, on damages in wrongful death cases, clarifies that the fault of a survivor reduces the recovery of that survivor and does not reduce the awards of other survivors or the estate.
The Committee published the following notices that had sought public comments on proposed amendments.
Notice published in the September 15, 2014, Florida Bar News. Deadline for comments was October 10, 2014. This notice proposed new Florida Standard Jury Instructions in Civil Cases 416.1 – 416.11 for actions brought under the Florida Civil Rights Act, §§ 760.01-11, Florida Statutes.