IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT 2019-04. (2020)

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 instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amendments to instructions 201.3 (Explanation of the Voir Dire Process), 501.4 (Comparative Negligence, Non-Party Fault and Multiple Defendants), 502.5 (Comparative Negligence, Non-Party Fault and Multiple Defendants), Section 700 (Closing Instructions), Model Instructions Number 1 through Number 6, and Model Verdict Form 2(b). The Committee's proposals, which are straightforward and non-controversial, were published in The Florida Bar News, and no comments were received by the Committee or the Court.

Having considered the Committee's report, we authorize standard jury instructions 201.3, 501.4, 502.5, Section 700, Model Instructions Numbers 1 through 6, and Model Verdict Form 2(b) for publication and use as set forth in the appendix to this opinion.¹ We discuss the more significant amendments below.

In Instruction 201.3, the following language is added to clarify that jurors are required to determine the facts and apply the law to the facts, not decide what the law ought to be:

In the process of selecting the jury, some of the lawyers' questions may be meant to help them anticipate if your beliefs, experiences, or attitudes might make it difficult for you to apply the rules of law. Jurors take an oath to follow the law. After the jury is chosen and sworn in, I will instruct the jury on the rules they must follow in deciding this case. It is important for you to remember that it will not be the jury's job to decide what the law ought to be. Rather, the jury is to determine what the facts are, then apply the law to those facts, using the court's instructions on the rules of law to apply—which will be fully given to the jury at the appropriate time.

Next, Model Instruction Number 1 is amended to specifically ask the jury whether the plaintiff in the hypothetical case sustained a permanent injury.

Finally, the “final instructions” in Model Instruction Numbers 2 through 6 are deleted, and Model Instruction Number 1 serves as a full illustration of the instructions to be given at the beginning and at the end of the case.

The amended civil jury instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use. New language is indicated by underlining, and deleted language is indicated by struck-through type. 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 notes on use 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.

APPENDIX

FOOTNOTES

1.   Minor editorial or technical changes to the proposed instructions or notes on use are not elaborated upon.

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur.