In re Standard Jury Instructions in Civil Cases
115 So. 3d 208
Fla.2013Background
- Florida Supreme Court approves amendments to standard civil jury instructions filed by the Committee; amendments include instruction 201.2, Section 700, and Note on Use 801.2; Lamz v. Geico mandates identifying joined uninsured/underinsured carriers; closing instructions language deleted to align with original intent; Court also amends Model Instructions Nos. 1–6 on closing instructions; Johnson v. State drives new prohibition against telling jurors they cannot request a read-back; read-back must occur in open court with non-disclosure of transcripts to jury room; Notes on Use explain open-court read-backs and non-discretionary handling of transcript copies; Appendix contains the revised 201.2 introduction of participants; language emphasizes pro se participants and carrier identification; publication authorization is granted but Court does not opine on correctness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Amendment to 201.2 introducing pro se and UM/UIM carrier identification | Lamz requires explicit carrier identification when joined | Committee's amendment clarifies roles regardless of representation | Authorized; amendments adopted |
| Deletion from Section 700 of discretionary instruction to foreclose unused instructions | Ensures clarity and alignment with verdict process | Removes contrary language to original intent | Authorized; closing instructions amended |
| Read-back of testimony – Johnson v. State influence | Read-back prohibition per se reversible error if improperly told | Discretion remains with trial court | Authorized; Note on Use updated to reflect Johnson v. State |
| Open-court read-back requirement for transcripts | Read-back must be in open court and no transcripts back to jury room | Non-discretionary procedural safeguard | Authorized; open-court read-back mandated |
| Court-initiated amendments to Model Instructions Nos. 1–6 | Consistency with amended 700 and 801.2 | Maintains uniform jury instructions across models | Authorized; Model Instructions Nos. 1–6 amended |
Key Cases Cited
- Lamz v. Geico General Insurance Co., 803 So.2d 593 (Fla. 2001) (uninsured/underinsured carrier must be identified when properly joined as a defendant)
- Dosdourian v. Carsten, 624 So.2d 241 (Fla. 1993) (charades in trials; identification of roles in trial relevant to fairness)
- Johnson v. State, 53 So.3d 1003 (Fla. 2010) (prohibition on telling jurors they cannot request a read-back is reversible error)
- Medina v. Peralta, 724 So.2d 1188 (Fla. 1999) (context for introduction of carrier and related limitations)
- Broward County Sch. Bd. v. Ruiz, 493 So.2d 474 (Fla.4th DCA 1986) (open-court handling of read-back discretionary in civil trials)