Standard Jury Instructions-Civil Cases

• Decision Date: 06 July 2000
• Docket Number: No. SC95396.,SC95396.
• Citation: 778 So.2d 264
• Parties: STANDARD JURY INSTRUCTIONS-CIVIL CASES (99-1).
• Court: Florida Supreme Court

778 So.2d 264

STANDARD JURY INSTRUCTIONS-CIVIL CASES (99-1).

No. SC95396.

Supreme Court of Florida.

July 6, 2000.

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions (Civil) has submitted to this Court proposed amendments to the Florida Standard Jury Instructions in Civil Cases. We have jurisdiction. See art. V, § 2(a), Fla. Const; see also Fla. R. Civ. P. 1.985.

The committee published the proposed new and revised instructions at issue in The Florida Bar News at various times, and comments were received. The proposals were again published in The Florida Bar News on September 15, 1999, and more comments were received. The committee's proposals are as follows:

Proposal 1: New Instruction on Documentary, Photographic, or Physical Evidence

Proposal 2: New Instruction on Publishing Evidence to the Jury

Proposal 3: New Instruction Regarding Visual or Demonstrative Aids

Proposal 4: New Instruction Regarding Note-taking by Jurors

Proposal 5: Revised Instruction on Violation of a Traffic Regulation

Proposal 6: Revised Notes on the Use of Instruction on Interference With a Contract Not Terminable at Will

Proposal 7: Revised Notes and Revised Instruction on Interference With a Contract Terminable at Will or With a Prospective Business Relationship

Proposal 8: Revised Notes and Instruction on Strict Product Liability

We hereby authorize the publication and use of the new and revised instructions as set forth, with minor modifications, in the appendix attached to this opinion. In doing so, we express no opinion on the correctness of these instructions and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of these instructions. We further caution all interested parties that the notes and 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 be effective when this opinion becomes final. New language is indicated by underlining, and deletions are indicated by struck-through type.

Finally, in light of recently enacted section 40.50(2), Florida Statutes (1999), and recent innovations in jury trial procedures in other jurisdictions, we refer the issue of juror note-taking to the Civil Procedure Rules Committee.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.

APPENDIX

[1: New Instruction on Documentary, Photographic or Physical Evidence]

1.5

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

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 1.6 in appropriate circumstances. It may also be given in conjunction with 1.7 if a witness has used exhibits which have been admitted in evidence and demonstrative aids which have not.

[2: New Instruction on Publishing Evidence to the Jury]

1.6

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

This instruction may be given when an item received in evidence is handed to the jurors. It may be combined with 1.5 in appropriate circumstances.

[3: New Instruction Regarding Visual or Demonstrative Aids]

1.7

INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE AIDS

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.

NOTE ON USE

1. Instruction 1.7a 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 1.7b 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 1.5 or 1.6 if a witness uses exhibits during testimony, some of which are received in evidence, and some of which are not.

[4: New Instruction Regarding Note-taking by Jurors]

1.8

NOTE-TAKING BY JURORS

a. Note-taking permitted

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.

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

1. It is within the court's discretion to allow the jurors to take notes. Kelley v. State, 486 So.2d 578 (Fla.1986). If note-taking is allowed, 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 in for additional privacy.

2. Note-taking permitted, 1.8a, should be given as part of preliminary instructions when the judge has decided to allow jurors to take notes.

b. Note-taking not permitted

A question has arisen as to whether jurors may take notes. You are instructed not to take notes. One of the reasons for having several persons on the jury is to gain the advantage of your individual memories concerning the evidence. A juror engrossed in note-taking may miss evidence or fail to appreciate the demeanor of a witness. Additionally, there may be a tendency for jurors to rely on others' notes and be less attentive during the trial or during deliberations to abandon their recollections of the evidence in favor of the written notes of another.

NOTES ON USE OF 1.8b

Note-taking not permitted, 1.8b, may be given at any time during the trial the question is raised or as part of the preliminary instructions.

[5: Revised Instruction on Violation of a Traffic Regulation]

4.11

VIOLATION OF TRAFFIC STATUTE, ORDINANCE OR REGULATION EVIDENCE OF NEGLIGENCE

Read or paraphrase the applicable statute or refer to the ordinance or regulation admitted in evidence.

Violation of this [statute] [ordinance] [regulation] is evidence of negligence. It is not, however, conclusive evidence of negligence. If you find that a person alleged to have been negligent violated such a traffic [statute] [ordinance] [ regulation], you may consider that fact, together with the other facts and circumstances, in determining whether such person was negligent.

NOTE ON USE

This charge is to be used for the violation of both traffic and nontraffic regulations, ordinances, or codes where the violation constitutes evidence of negligence, for example: (1) building code violations, see Lindsey v. Bill Arflin Bonding Agency, Inc., 645 So.2d 565 (Fla. 1st DCA 1994); Morowitz v. Vistaview Apartments, Ltd., 613 So.2d 493 (Fla. 3d DCA 1993); Holland v. Baguette, Inc., 540 So.2d 197 (Fla. 3d DCA 1989); (2) OSHA regulations, see Jupiter Inlet Corp. v. Brocard, 546 So.2d 1 (Fla. 4th DCA 1988);(3) governmental statutes or ordinances, see Gabriel v. Tripp, 576 So.2d 404 (Fla. 2d DCA 1991) (statutory violation making it unlawful to knowingly transmit a sexually transmissible disease); Bennett M. Lifter, Inc. v. Varnado, 480 So.2d 1336 (Fla. 3d DCA 1985) (violation of...