CONTRACT AND BUSINESS CASES FLORIDA STANDARD JURY

FLORIDA STANDARD JURY INSTRUCTIONS – CONTRACT AND 
BUSINESS CASES 
 
FLORIDA STANDARD JURY INSTRUCTIONS – CONTRACT AND 
BUSINESS CASES ................................................................................................... 1 
SECTION 100 – OATHS .......................................................................................... 7 
101.1  OATH OF JURORS BEFORE VOIR DIRE .................................................. 7 
101.2  OATH OF JUROR AFTER VOIR DIRE ....................................................... 7 
101.3  OATH OF A WITNESS ................................................................................. 7 
101.4  OATH OF AN INTERPRETER ..................................................................... 7 
SECTION 200 — PRELIMINARY INSTRUCTIONS ............................................ 9 
QUALIFICATIONS INSTRUCTION ....................................................................10 
201.1  DESCRIPTION OF THE CASE (PRIOR TO VOIR DIRE) .......................12 
201.2  INTRODUCTION OF PARTICIPANTS AND THEIR ROLES ................13 
201.3  EXPLANATION OF THE VOIR DIRE PROCESS ....................................19 
202.1  INTRODUCTION ........................................................................................21 
202.2  EXPLANATION OF THE TRIAL PROCEDURE ......................................22 
202.3  NOTE-TAKING BY JURORS .....................................................................28 
202.4  JUROR QUESTIONS ...................................................................................29 
202.5  JURY TO BE GUIDED BY OFFICIAL ENGLISH 
TRANSLATION/INTERPRETATION ..................................................................31 
SECTION 300 — EVIDENCE INSTRUCTIONS ..................................................32 
301.1  DEPOSITION TESTIMONY, INTERROGATORIES, STIPULATED 
TESTIMONY, STIPULATIONS, AND ADMISSIONS (FROM 1.13(A)) ...........33 
301.2  INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY, 
PHOTOGRAPHIC, OR PHYSICAL EVIDENCE IS ADMITTED .......................35 
301.3  INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO  
JURORS ...................................................................................................................36 
301.4 INSTRUCTION REGARDING VISUAL  OR DEMONSTRATIVE     
AIDS ........................................................................................................................37 

5  EVIDENCE ADMITTED FOR A LIMITED PURPOSE ............................38 
6  JURY TO BE GUIDED BY OFFICIAL ENGLISH 
TRANSLATION/INTERPRETATION ..................................................................39 
7  JURY TO BE GUIDED BY OFFICIAL ENGLISH  TRANSCRIPT OF 
RECORDING IN FOREIGN LANGUAGE (ACCURACY NOT IN DISPUTE) .41 
8  JURY TO BE GUIDED BY OFFICIAL ENGLISH 
TRANSLATION/INTERPRETATION — TRANSCRIPT OF RECORDING IN 
FOREIGN LANGUAGE (ACCURACY IN DISPUTE) ........................................42 
9  DISREGARD STRICKEN MATTER..........................................................43 
10  INSTRUCTION BEFORE RECESS ..........................................................44 
11  FAILURE TO MAINTAIN EVIDENCE OR KEEP A RECORD ............45 
SECTION 400 — SUBSTANTIVE INSTRUCTIONS ..........................................47 
1 BREACH OF CONTRACT — INTRODUCTION ......................................50 
2 THIRD-PARTY BENEFICIARY .................................................................51 
3 CONTRACT FORMATION — ESSENTIAL FACTUAL ELEMENTS ....52 
4 BREACH OF CONTRACT — ESSENTIAL FACTUAL ELEMENTS ......54 
5 ORAL OR WRITTEN CONTRACT TERMS ..............................................56 
6 CONTRACT IMPLIED IN FACT ................................................................58 
7 CONTRACT IMPLIED IN LAW .................................................................60 
8 CONTRACT FORMATION — OFFER .......................................................62 
9 CONTRACT FORMATION — REVOCATION OF OFFER .....................64 
10 CONTRACT FORMATION — ACCEPTANCE .......................................66 
11 CONTRACT FORMATION — ACCEPTANCE BY SILENCE OR 
CONDUCT ..............................................................................................................67 
12 SUBSTANTIAL PERFORMANCE............................................................69 
13 MODIFICATION ........................................................................................70 
14 INTERPRETATION — DISPUTED TERM(S) .........................................72 
15 INTERPRETATION — MEANING OF ORDINARY WORDS ...............74 
16 INTERPRETATION — MEANING OF DISPUTED TECHNICAL OR 
SPECIAL WORDS ..................................................................................................75 
17 INTERPRETATION — CONSTRUCTION OF CONTRACT AS A 
WHOLE ...................................................................................................................76 

18 INTERPRETATION — CONSTRUCTION BY CONDUCT ...................77 
19 INTERPRETATION — REASONABLE TIME ........................................78 
20  INTERPRETATION—CONSTRUCTION AGAINST DRAFTER ......79 
21 EXISTENCE OF CONDITIONS PRECEDENT DISPUTED ...................81 
22 OCCURRENCE OF AGREED CONDITION PRECEDENT ....................83 
23 ANTICIPATORY BREACH .......................................................................84 
27 AFFIRMATIVE DEFENSE — UNDUE INFLUENCE .............................92 
28 AFFIRMATIVE DEFENSE — FRAUD ....................................................93 
29 AFFIRMATIVE DEFENSE — NEGLIGENT MISREPRESENTATION 95 
30 AFFIRMATIVE DEFENSE — WAIVER ..................................................96 
31 AFFIRMATIVE DEFENSE — NOVATION .............................................98 
32 AFFIRMATIVE DEFENSE – STATUTE OF LIMITATIONS .................99 
33 AFFIRMATIVE DEFENSE – EQUITABLE ESTOPPEL .......................100 
34 [RESERVED FOR FUTURE USE] ..........................................................102 
35 AFFIRMATIVE DEFENSE – JUDICIAL ESTOPPEL ...........................103 
36 AFFIRMATIVE DEFENSE – RATIFICATION ......................................104 
37 GOODS SOLD AND DELIVERED .........................................................105 
38 OPEN ACCOUNT .....................................................................................107 
39 ACCOUNT STATED ................................................................................109 
40 MONEY HAD AND RECEIVED .............................................................111 
41 MISAPPROPRIATION OF TRADE SECRETS ......................................112 
42  BREACH OF DUTY TO DISCLOSE— RESIDENTIAL ...................115 
43  PIERCING THE CORPORATE VEIL .................................................116 
44  LEGAL STATUS OF ENTITIES..........................................................118 
46  PROMISSORY ESTOPPEL ..................................................................119 
SECTION 500 — DAMAGES ..............................................................................121 
1 INTRODUCTION TO CONTRACT DAMAGES .....................................122 
2 BREACH OF CONTRACT DAMAGES ....................................................123 
3 LOST PROFITS ...........................................................................................125 
4 DAMAGES FOR COMPLETE DESTRUCTION OF BUSINESS ............127 

504.5 OWNER’S DAMAGES FOR BREACH OF CONTRACT TO 
CONSTRUCT IMPROVEMENTS ON REAL PROPERTY ...............................128 
504.6 OBLIGATION TO PAY MONEY ONLY ..................................................130 
504.7 BUYER’S DAMAGES FOR BREACH OF CONTRACT FOR SALE OF 
REAL PROPERTY ................................................................................................131 
504.8 SELLER’S DAMAGES FOR BREACH OF CONTRACT TO PURCHASE 
REAL PROPERTY ................................................................................................134 
504.9 MITIGATION OF DAMAGES ...................................................................136 
504.10 PRESENT CASH VALUE OF FUTURE DAMAGES ............................138 
504.11 NOMINAL DAMAGES ............................................................................139 
SECTION 600 — SUBSTANTIVE INSTRUCTIONS — GENERAL ...............140 
601.1  WEIGHING THE EVIDENCE ..................................................................141 
601.2 BELIEVABILITY OF WITNESSES ..........................................................142 
601.3  JURY TO BE GUIDED BY OFFICIAL ENGLISH 
TRANSLATION/INTERPRETATION ................................................................144 
601.4 MULTIPLE CLAIMS, NUMEROUS PARTIES, CONSOLIDATED 
CASES ...................................................................................................................145 
601.5 CONCLUDING INSTRUCTION (BEFORE FINAL ARGUMENT) ........146 
SECTION 700 — CLOSING INSTRUCTIONS ..................................................147 
SECTION 700 — CLOSING INSTRUCTIONS ..................................................148 
SECTION 800 — SUPPLEMENTAL MATTERS ...............................................152 
801.1  JUROR QUESTIONS DURING DELIBERATIONS ...............................153 
801.2 READ-BACK OF TESTIMONY ................................................................154 
801.3  JURY DEADLOCKED ..............................................................................156 
801.4 INSTRUCTION UPON DISCHARGE OF JURY ......................................157 
APPENDIX A ........................................................................................................158 
APPENDIX B INTRODUCTORY GUIDE ..........................................................159 
FORM 416.2 MODEL FORM OF VERDICT FOR THIRD-PARTY 
BENEFICIARY OF CONTRACT CLAIM ..........................................................160 
FORM 416.3 MODEL FORM OF VERDICT FOR  FORMATION OF 
CONTRACT ..........................................................................................................161 

FORM 416.4. MODEL FORM OF VERDICT FOR BREACH OF      
CONTRACT ..........................................................................................................163 
FORM 416.5 MODEL FORM OF VERDICT FOR ORAL OR  WRITTEN 
CONTRACT TERMS ............................................................................................165 
FORM 416.6 MODEL FORM OF VERDICT FOR CONTRACT  IMPLIED IN 
FACT ......................................................................................................................166 
FORM 416.7 MODEL FORM OF VERDICT FOR  CONTRACT IMPLIED IN 
LAW .......................................................................................................................168 
FORM 416.8 MODEL FORM OF VERDICT FOR   CONTRACT 
FORMATION—OFFER .......................................................................................170 
FORM 416.10 MODEL FORM OF VERDICT FOR  CONTRACT 
FORMATION—ACCEPTANCE..........................................................................172 
FORM 416.11 MODEL FORM OF VERDICT FOR CONTRACT FORMATION 
— ACCEPTANCE BY SILENCE OR CONDUCT .............................................174 
FORM 416.12 MODEL FORM OF VERDICT FOR SUBSTANTIAL 
PERFORMANCE OF CONTRACT .....................................................................175 
FORM 416.13 MODEL FORM OF VERDICT FOR MODIFICATION OF 
TERM(S) OF CONTRACT ...................................................................................176 
FORM 416.14 MODEL FORM OF VERDICT FOR  INTERPRETATION—
DISPUTED TERM(S) ...........................................................................................177 
FORM 416.15 MODEL FORM OF VERDICT FOR INTERPRETATION—
MEANING OF ORDINARY WORDS .................................................................178 
FORM 416.16 MODEL FORM OF VERDICT FOR INTERPRETATION—
MEANING OF DISPUTED TECHNICAL OR SPECIAL WORDS ...................179 
FORM 416.17 MODEL FORM OF VERDICT FOR INTERPRETATION—
CONSTRUCTION OF CONTRACT AS A WHOLE ..........................................180 
FORM 416.18 MODEL FORM OF VERDICT FOR INTERPRETATION—
CONSTRUCTION BY CONDUCT ......................................................................181 
FORM 416.19 MODEL FORM OF VERDICT FOR INTERPRETATION OF 
CONTRACT—REASONABLE TIME .................................................................182 
FORM 416.20 MODEL FORM OF VERDICT FOR INTERPRETATION—
CONSTRUCTION AGAINST DRAFTER ...........................................................183 
FORM 416.21 MODEL FORM OF VERDICT FOR EXISTENCE OF 
CONDITIONS PRECEDENT DISPUTED ...........................................................184 

FORM 416.22 MODEL FORM OF VERDICT FOR OCCURRENCE OF 
AGREED CONDITION PRECEDENT OF CONTRACT CLAIM .....................186 
FORM 416.24. MODEL FORM OF VERDICT FOR BREACH OF IMPLIED 
COVENANT OF GOOD FAITH AND FAIR DEALING ...................................187 
FORM 416.25. MODEL FORM OF VERDICT FOR AFFIRMATIVE 
DEFENSE—MUTUAL MISTAKE OF FACT .....................................................189 
FORM 416.32(A)  MODEL FORM OF VERDICT FOR AFFIRMATIVE 
DEFENSE—STATUTE OF LIMITATIONS .......................................................190 
FORM 416.32. (B) MODEL FORM OF VERDICT FOR STATUTE OF 
LIMITATIONS DEFENSE IN A BREACH OF CONTRACT CASE .................191 
FORM 416.33 MODEL FORM OF VERDICT FOR AFFIRMATIVE 
DEFENSE—EQUITABLE ESTOPPEL ...............................................................192 
FORM 416.35 MODEL FORM OF VERDICT FOR AFFIRMATIVE DEFENSE 
OF CONTRACT CLAIM—JUDICIAL ESTOPPEL ...........................................194 
FORM 416.36 MODEL FORM OF VERDICT FOR  AFFIRMATIVE 
DEFENSE—RATIFICATION ..............................................................................195 
FORM 416.37 MODEL FORM OF VERDICT FOR GOODS SOLD AND 
DELIVERED .........................................................................................................197 
FORM 416.38 MODEL FORM OF VERDICT FOR OPEN ACCOUNT ...........198 
FORM 416.39 MODEL FORM OF VERDICT FOR ACCOUNT STATED ......200 
FORM 416.42 MODEL FORM OF VERDICT FOR  BREACH OF DUTY TO 
DISCLOSE—RESIDENTIAL ..............................................................................202 
FORM 416.43 MODEL FORM OF VERDICT FOR PIERCING THE 
CORPORATE VEIL IN CONTRACT CLAIM ....................................................204 
FORM 416.44 MODEL FORM OF VERDICT FOR LEGAL STATUS OF 
ENTITIES IN A CONTRACT CLAIM ................................................................206 
FORM 416.46 MODEL FORM OF VERDICT FOR  PROMISSORY ESTOPPEL
 ................................................................................................................................207 
 
 
 

SECTION 100 – OATHS

101.1 Oath of Jurors Before Voir Dire

101.2 Oath of Jurors After Voir Dire

101.3 Oath of a Witness

101.4 Oath of an Interpreter

101.1 OATH OF JURORS BEFORE VOIR DIRE

Do you solemnly swear or affirm that you will answer truthfully all

questions asked of you as prospective jurors [so help you God]?

101.2 OATH OF JUROR AFTER VOIR DIRE

Do you solemnly swear or affirm that you will well and truly try this

case between the [plaintiff(s)] [petitioner(s)] and [defendant(s)]

[respondent(s)], and a true verdict render according to the law and evidence

[so help you God]?

101.3 OATH OF A WITNESS

Do you solemnly swear or affirm that the evidence you are about to give

will be the truth, the whole truth, and nothing but the truth [so help you

God]?

101.4 OATH OF AN INTERPRETER

Do you solemnly swear or affirm that you will make a true

interpretation to the witness of all questions or statements made to [him] [her]

in a language which that person understands, and a true interpretation of the

witness’ statements into the English language [so help you God]?

SECTION 200 — PRELIMINARY INSTRUCTIONS 
Qualifications Instruction 
A.  During Jury Selection 
201.1 Description of the Case 
201.2 Introduction of Participants and Their Roles 
201.3 Explanation of the Voir Dire Process 
B.  After Jury Selected and Sworn 
202.1 Introduction 
202.2 Explanation of the Trial Procedure 
202.3 Note-Taking by Jurors 
202.4 Juror Questions 
202.5 Jury to Be Guided by Official English 
Translation/Interpretation 
   

QUALIFICATIONS INSTRUCTION

Many of you have electronic devices such as cell phones, smartphones,

tablets, and laptops. Even though you have not yet been selected as a juror,

there are some strict rules that you must follow about electronic devices.

When you are called to a courtroom, the judge will give you specific

instructions on the use of electronic devices. These rules are so important that

the judge may tell you that you must turn off your cell phone or other

electronic devices completely or that you cannot have your cell phone or

electronic devices in the courtroom. If someone needs to contact you in case of

an emergency, the judge will provide you with a phone number where you can

receive messages.

If the trial judge allows you to keep your cell phones, computers, or

other electronic devices, you cannot use them to take photographs, video

recordings, or audio recordings of the proceedings in the courtroom or your

fellow jurors. You must not use them to search the Internet or to find out

anything related to any cases in the courthouse.

Why is this restriction imposed? This restriction is imposed because

jurors must decide the case without distraction and only on the evidence

presented in the courtroom. I know that, for some of you, these restrictions

affect your normal daily activities and may require a change in the way you

are used to communicating and perhaps even in the way you are used to

learning.

If you investigate, research, or make inquiries on your own, the trial

judge has no way to make sure that the information you obtain is proper for

the case. The parties likewise have no opportunity to dispute or challenge the

accuracy of what you find. Any independent investigation by a juror unfairly

and improperly prevents the parties from having that opportunity our

judicial system promises.

Between now and when you have been discharged from jury duty by the

judge, you must not discuss any information about your jury service with

anyone, including friends, co-workers, and family members. You may tell

those who need to know where you are that you have been called for jury

duty. If you are picked for a jury, you may tell people that you have been

picked for a jury and how long the case may take. However, you must not give

anyone any information about the case itself or the people involved in the

case. You must also warn people not to try to say anything to you or write to

you about your jury service or the case. This includes face-to-face, phone or

computer communications.

I want to stress that you must not use electronic devices or computers to

talk about this case, including tweeting, texting, blogging, e-mailing, posting

information on a website or chat room, or any other means at all. Do not send

or accept any messages, including e-mail and text messages, about your jury

service. You must not disclose your thoughts about your jury service or ask

for advice on how to decide any case.

The judge will tell you when you are released from this instruction.

Remember, these rules are designed to guarantee a fair trial. It is important

that you understand the rules as well as the impact on our system of justice if

you fail to follow them. If it is determined that any one of you has violated

this rule, and conducted any type of independent research or investigation, it

may result in a mistrial. A mistrial would require the case to be tried again at

great expense to the parties and the judicial system. The judge may also

impose a penalty upon any juror who violates this instruction. All of us are

depending on you to follow these rules, so that there will be a fair and lawful

resolution of every case.

NOTE ON USE

This instruction should be given in addition to and at the conclusion of the

instructions normally given to the prospective jurors. The portion of this

instruction dealing with communication with others and outside research may need

to be modified to include other specified means of communication or research as

technology develops.

A. During Jury Selection

201.1 DESCRIPTION OF THE CASE

(PRIOR TO VOIR DIRE)

Welcome. [I] [The clerk] will now administer your oath.

Now that you have been sworn, I’d like to give you an idea about what

we are here to do.

This is a civil trial. A civil trial is different from a criminal case, where a

defendant is charged by the state prosecutor with committing a crime. The

subject of a civil trial is a disagreement between people or companies [or

others, as appropriate], where the claims of one or more of these parties have

been brought to court to be resolved. It is called “a trial of a lawsuit.”

This is a case about (insert brief description of claim(s) and defense(s)

brought to trial in this case).*

The incident involved in this case occurred on (date) at (location). (Add

any other information relevant to voir dire).

The principal witnesses who will testify in this case are (list witnesses).

NOTE ON USE FOR 201.1

*See, for example, 401.2.

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 their best and to follow the rules for their profession.

Plaintiff’s Counsel: The attorney on this side of the courtroom, (introduce

by name), represents (client name) and is the person who filed the lawsuit here

at the courthouse. [His] [Her] job is to present [his] [her] client’s side of things

to you. [He] [She] and [his] [her] client will be referred to most of the time as

“the plaintiff.” (Attorney name), will you please introduce who is sitting at the

table with you?

[Plaintiff without Counsel: (Introduce claimant by name), on this side of the

courtroom, is the person who filed the lawsuit at the courthouse. (Claimant) is

not represented by an attorney and will present [his] [her] side of things to

you [himself] [herself].]

Defendant’s Counsel: The attorney on this side of the courtroom,

(introduce by name), represents (client name), the one who has been sued. [His]

[Her] job is to present [his] [her] client’s side of things to you. [He] [She] and

[his] [her] client will usually be referred to here as “the defendant.” (Attorney

name), will you please introduce who is sitting at the table with you?

[Defendant’s Counsel: The attorney on this side of the courtroom,

(introduce by name), represents (client name), the one who has been sued. [His]

[Her] job is to present [his] [her] client’s side of things to you. [He] [She] and

[his] [her] client will usually be referred to here as “the defendant.” [His]

[Her] client (defendant uninsured or underinsured motorist carrier) is (claimant’s

name) motor vehicle insurance company and provided [him] [her] [uninsured]

[underinsured] motorist coverage, which may be available to pay some or all

of the damages that may be awarded.]*

*Use the bracketed paragraph above when the case involves an uninsured

or underinsured motorist carrier.

[Defendant without Counsel: (Introduce defendant by name), on this side of

the courtroom, is the one who has been sued. (Defendant) is not represented by

an attorney and will present [his] [her] side of things to you [himself]

[herself].]

Court Clerk: This person sitting in front of me, (name), is the court clerk.

[He] [She] is here to assist me with some of the mechanics of the trial process,

including the numbering and collection of the exhibits that are introduced in

the course of the trial.

Court Reporter: The person sitting at the stenographic machine, (name),

is the court reporter. [His] [Her] job is to keep an accurate legal record of

everything we say and do during this trial.

Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to

maintain order and security in the courtroom. The bailiff is also my

representative to the jury. Anything you need or any problems that come up

for you during the course of the trial should be brought to [him] [her].

However, the bailiff cannot answer any of your questions about the case. Only

I can do that.

Jury: Last, but not least, is the jury, which we will begin to select in a

few moments from among all of you. The jury’s job will be to decide what the

facts are and what the facts mean. Jurors should be as neutral as possible at

this point and have no fixed opinion about the lawsuit.

In order to have a fair and lawful trial, there are rules that all jurors

must follow. A basic rule is that jurors must decide the case only on the

evidence presented in the courtroom. You must not communicate with

anyone, including friends and family members, about this case, the people and

places involved, or your jury service. You must not disclose your thoughts

about this case or ask for advice on how to decide this case.

I want to stress that this rule means you must not use electronic devices

or computers to communicate about this case, including tweeting, texting,

blogging, e-mailing, posting information on a website or chat room, or any

other means at all. Do not send or accept any messages to or from anyone

about this case or your jury service.

You must not do any research or look up words, names, [maps,] or

anything else that may have anything to do with this case. This includes

reading newspapers, watching television or using a computer, cell phone, the

Internet, any electronic device, or any other means at all, to get information

related to this case or the people and places involved in this case. This applies

whether you are in the courthouse, at home, or anywhere else.

Many of you may have cell phones, tablets, laptops, or other electronic

devices with you here in the courtroom.**

**The trial judge should select one of the following two alternative

instructions explaining the rules governing jurors’ use of electronic devices,

as explained in Note on Use 1.

Alternative A: [All cell phones, computers, tablets, or other types of

electronic devices must be turned off while you are in the courtroom. Turned

off means that the phone or other electronic device is actually off and not in a

silent or vibrating mode. You may use these devices during recesses, but even

then you may not use your cell phone or electronic device to find out any

information about the case or communicate with anyone about the case or the

people involved in the case. Do not take photographs, video recordings, or

audio recordings of the proceedings or of your fellow jurors. After each

recess, please double check to make sure your cell phone or electronic device

is turned off. At the end of the case, while you are deliberating, you must not

communicate with anyone outside the jury room. You cannot have in the jury

room any cell phones, computers, or other electronic devices. If someone

needs to contact you in an emergency, the court can receive messages and

deliver them to you without delay. A contact phone number will be provided

to you.]

Alternative B: [You cannot have any cell phones, tablets, laptops, or

other electronic devices in the courtroom. You may use these devices during

recesses, but even then you may not use your cell phone or electronic device to

find out any information about the case or communicate with anyone about

the case or the people involved in the case. Do not take photographs, video

recordings, or audio recordings of the proceedings or your fellow jurors. At

the end of the case, while you are deliberating, you must not communicate

with anyone outside the jury room. If someone needs to contact you in an

emergency, the court can receive messages and deliver them to you without

delay. A contact phone number will be provided to you.]

What are the reasons for these rules? These rules are imposed because

jurors must decide the case without distraction and only on the evidence

presented in the courtroom. If you investigate, research, or make inquiries on

your own outside of the courtroom, the trial judge has no way to make sure

that the information you obtain is proper for the case. The parties likewise

have no opportunity to dispute or challenge the accuracy of what you find.

That is contrary to our judicial system, which assures every party the right to

ask questions about and challenge the evidence being considered against it

and to present argument with respect to that evidence. Any independent

investigation by a juror unfairly and improperly prevents the parties from

having that opportunity our judicial system promises.

Any juror who violates these restrictions jeopardizes the fairness of

these proceedings, and a mistrial could result that would require the entire

trial process to start over. A mistrial is a tremendous expense and

inconvenience to the parties, the court, and the taxpayers. If you violate these

rules, you may be held in contempt of court, and face sanctions, such as

serving time in jail, paying a fine or both.

All of your communications with courtroom personnel, or me, will be

part of the record of these proceedings. That means those communications

shall either be made in open court with the court reporter present or, if they

are in writing, the writing will be filed with the court clerk. 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. I have instructed the courtroom

personnel that any communications you have with them outside of my

presence must be reported to me, and I will tell the parties [and their

attorneys] about any communication from you that I believe may be of

interest to the parties [and their attorneys].

However, you may communicate directly with courtroom personnel

about matters concerning your comfort and safety, such as [juror parking]

[location of break areas] [how and when to assemble for duty] [dress] [what

personal items can be brought into the courthouse or jury room] [list any

other types of routine ex parte communications permitted].

If you become aware of any violation of these instructions or any other

instruction I give in this case, you must tell me by giving a note to the bailiff.

NOTES ON USE FOR 201.2

1. Florida Rule of Judicial Administration 2.451 directs trial judges to

instruct jurors on the use of cell phones and other electronic devices. During the

trial, the trial judge may remove the jurors’ cell phones or other electronic devices.

The trial judge also has the option to allow the jurors to keep the cell phones and

electronic devices during trial until the jurors begin deliberations. Rule 2.451

prohibits jurors from using the cell phones or electronic devices to find out

information about the case or to communicate with others about the case. The

jurors also cannot use the electronic devices to record, photograph, or videotape

the proceedings. In recognition of the discretion rule 2.451 gives trial judges, this

instruction provides two alternatives: (A) requiring jurors to turn off electronic

devices during court proceedings and removing their cell phones and electronic

devices during deliberations; or (B) removing the cell phones and electronic

devices during all proceedings and deliberations. These instructions may be

modified to fit the practices of a trial judge in a particular courtroom. These

instructions are not intended to limit the discretion of the trial court to control the

proceedings.

2. The portion of this instruction dealing with communication with

others and outside research may be modified to include other specified means of

communication or research as technology develops.

3. Florida Rule of Civil Procedure 1.431(i)(2) requires the court, by

pretrial order or statement on the record with opportunity for objection, to set forth

the scope of routine, ex parte communications. Rule 1.431(i)(3) mandates an

instruction during voir dire regarding the limitations on jurors’ communications

with the court and courtroom personnel. The court should make sure that

courtroom personnel are also aware of the limitations on their communications

with jurors.

4. The introduction of the uninsured/underinsured motorist carrier is

required because the plaintiffs are entitled to have the jury know that the joined

carrier is the plaintiffs’ uninsured/underinsured carrier. Lamz v. Geico General

Insurance Co., 803 So. 2d 593 (Fla. 2001); Medina v. Peralta, 724 So. 2d 1188

(Fla. 1999).

201.3 EXPLANATION OF THE VOIR DIRE PROCESS

Voir Dire:

The last thing I want to do, before we begin to select the jury, is to

explain to you how the selection process works.

Questions/Challenges: This is the part of the case where the parties and

their lawyers have the opportunity to get to know a little bit about you, in

order to help them come to their own conclusions about your ability to be fair

and impartial, so they can decide who they think should be the jurors in this

case.

How we go about that is as follows: First, I’ll ask some general questions

of you. Then, each of the lawyers will have more specific questions that they

will ask of you. After they have asked all of their questions, I will meet with

them and they will tell me their choices for jurors. Each side can ask that I

exclude a person from serving on a jury if they can give me a reason to believe

that he or she might be unable to be fair and impartial. That is what is called

a challenge for cause. The lawyers also have a certain number of what are

called peremptory challenges, by which they may exclude a person from the

jury without giving a reason. By this process of elimination, the remaining

persons are selected as the jury. It may take more than one conference among

the parties, their attorneys, and me before the final selections are made.

Purpose of Questioning: The questions that you will be asked during this

process are not intended to embarrass you or unnecessarily pry into your

personal affairs, but it is important that the parties and their attorneys know

enough about you to make this important decision. If a question is asked that

you would prefer not to answer in front of the whole courtroom, just let me

know and you can come up here and give your answer just in front of the

attorneys and me. If you have a question of either the attorneys or me, don’t

hesitate to let me know.

Response to Questioning: There are no right or wrong answers to the

questions that will be asked of you. The only thing that I ask is that you

answer the questions as frankly and as honestly and as completely as you can.

You [will take] [have taken] an oath to answer all questions truthfully and

completely and you must do so. Remaining silent when you have information

you should disclose is a violation of that oath as well. If a juror violates this

oath, it not only may result in having to try the case all over again but also can

result in civil and criminal penalties against a juror personally. So, again, it is

very important that you be as honest and complete with your answers as you

possibly can. If you don’t understand the question, please raise your hand and

ask for an explanation or clarification.

In sum, this is a process to assist the parties and their attorneys to select

a fair and impartial jury. All of the questions they ask you are for this

purpose. If, for any reason, you do not think you can be a fair and impartial

juror, you must tell us.

NOTE ON USE FOR 201.3

The publication of this recommended instruction is not intended to intrude

upon the trial judge’s own style and manner of delivery. It may be useful in

cataloging the subjects to be covered in an introductory instruction.

B. After Jury Selected and Sworn

202.1 INTRODUCTION

Administer oath:

You have now taken an oath to serve as jurors in this trial. Before we

begin, I am going to tell you about the rules of law that apply to this case and

let you know what you can expect as the trial proceeds.

It is my intention to give you [all] [most] of the rules of law but it might

be that I will not know for sure all of the law that will apply in this case until

all of the evidence is presented. However, I can anticipate most of the law and

give it to you at the beginning of the trial so that you will better understand

what to be looking for while the evidence is presented. If I later decide that

different or additional law applies to the case, I will tell you. In any event, at

the end of the evidence I will give you the final instructions on which you must

base your verdict. At that time, you will have a complete written set of the

instructions so you do not have to memorize what I am about to tell you.

(Continue with the Substantive law, Damages, and General instructions

from the applicable sections of this book, followed by the applicable parts of

202.2 through 202.5)

NOTE ON USE FOR 202.1

The committee recommends giving the jury at the beginning of the trial a

complete as possible set of instructions on the Substantive law, Damages, and

General Instructions.

202.2 EXPLANATION OF THE TRIAL PROCEDURE

Now that you have heard the law, I want to let you know what you can

expect as the trial proceeds.

Opening Statements: In a few moments, the attorneys will each have a

chance to make what are called opening statements. In an opening statement,

an attorney is allowed to give you [his] [her] views about what the evidence

will be in the trial and what you are likely to see and hear in the testimony.

Evidentiary Phase: After the attorneys’ opening statements the plaintiffs

will bring their witnesses and evidence to you.

Evidence: Evidence is the information that the law allows you to see or

hear in deciding this case. Evidence includes the testimony of the witnesses,

documents, and anything else that I instruct you to consider.

Witnesses: A witness is a person who takes an oath to tell the truth and

then answers attorneys’ questions for the jury. The answering of attorneys’

questions by witnesses is called “giving testimony.” Testimony means

statements that are made when someone has sworn an oath to tell the truth.

The plaintiff’s lawyer will normally ask a witness the questions first.

That is called direct examination. Then the defense lawyer may ask the same

witness additional questions about whatever the witness has testified to. That

is called cross-examination. Certain documents or other evidence may also be

shown to you during direct or cross-examination. After the plaintiff’s

witnesses have testified, the defendant will have the opportunity to put

witnesses on the stand and go through the same process. Then the plaintiff’s

lawyer gets to do cross-examination. The process is designed to be fair to both

sides.

It is important that you remember that testimony comes from witnesses.

The attorneys do not give testimony and they are not themselves witnesses.

Objections: Sometimes the attorneys will disagree about the rules for

trial procedure when a question is asked of a witness. When that happens, one

of the lawyers may make what is called an “objection.” The rules for a trial

can be complicated, and there are many reasons for attorneys to object. You

should simply wait for me to decide how to proceed. If I say that an objection

is “sustained,” that means the witness may not answer the question. If I say

that the objection is “overruled,” that means the witness may answer the

question.

When there is an objection and I make a decision, you must not assume

from that decision that I have any particular opinion other than that the rules

for conducting a trial are being correctly followed. If I say a question may not

be asked or answered, you must not try to guess what the answer would have

been. That is against the rules, too.

Side Bar Conferences: Sometimes I will need to speak to the attorneys

about legal elements of the case that are not appropriate for the jury to hear.

The attorneys and I will try to have as few of these conferences as possible

while you are giving us your valuable time in the courtroom. But, if we do

have to have such a conference during testimony, we will try to hold the

conference at the side of my desk so that we do not have to take a break and

ask you to leave the courtroom.

Recesses: Breaks in an ongoing trial are usually called “recesses.”

During a recess you still have your duties as a juror and must follow the rules,

even while having coffee, at lunch, or at home.

Instructions Before Closing Arguments: After all the evidence has been

presented to you, I will instruct you in the law that you must follow. It is

important that you remember these instructions to assist you in evaluating the

final attorney presentations, which come next, and, later, during your

deliberations, to help you correctly sort through the evidence to reach your

decision.

Closing Arguments: The attorneys will then have the opportunity to

make their final presentations to you, which are called closing arguments.

Final Instructions: After you have heard the closing arguments, I will

instruct you further in the law as well as explain to you the procedures you

must follow to decide the case.

Deliberations: After you hear the final jury instructions, you will go to

the jury room and discuss and decide the questions I have put on your verdict

form. [You will have a copy of the jury instructions to use during your

discussions.] The discussions you have and the decisions you make are usually

called “jury deliberations.” Your deliberations are absolutely private and

neither I nor anyone else will be with you in the jury room.

Verdict: When you have finished answering the questions, you will give

the verdict form to the bailiff, and we will all return to the courtroom where

your verdict will be read. When that is completed, you will be released from

your assignment as a juror.

What are the rules?

Finally, before we begin the trial, I want to give you just a brief

explanation of rules you must follow as the case proceeds.

Keeping an Open Mind: You must pay close attention to the testimony

and other evidence as it comes into the trial. However, you must avoid

forming any final opinion or telling anyone else your views on the case until

you begin your deliberations. This rule requires you to keep an open mind

until you have heard all of the evidence and is designed to prevent you from

influencing how your fellow jurors think until they have heard all of the

evidence and had an opportunity to form their own opinions. The time and

place for coming to your final opinions and speaking about them with your

fellow jurors is during deliberations in the jury room, after all of the evidence

has been presented, closing arguments have been made, and I have instructed

you on the law. It is important that you hear all of the facts and that you hear

the law and how to apply it before you start deciding anything.

Consider Only the Evidence: It is the things you hear and see in this

courtroom that matter in this trial. The law tells us that a juror can consider

only the testimony and other evidence that all the other jurors have also heard

and seen in the presence of the judge and the lawyers. Doing anything else is

wrong and is against the law. That means that you must not do any work or

investigation of your own about the case. You must not obtain on your own

any information about the case or about anyone involved in the case, from any

source whatsoever. This includes reading newspapers, watching television or

using a computer, cell phone, the Internet, any electronic device, or any other

means at all, to get information related to this case or the people and places

involved in this case. This applies whether you are in the courthouse, at home,

or anywhere else. You must not visit places mentioned in the trial or use the

internet to look at maps or pictures to see any place discussed during trial.

Do not provide any information about this case to anyone, including

friends or family members. Do not let anyone, including the closest family

members, make comments to you or ask questions about the trial. Jurors

must not have discussions of any sort with friends or family members about

the case or the people and places involved. So, do not let even the closest

family members make comments to you or ask questions about the trial. In

this age of electronic communication, I want to stress again that just as you

must not talk about this case face-to-face, you must not talk about this case by

using an electronic device. You must not use phones, tablets, computers or

other electronic devices to communicate. Do not send or accept any messages

related to this case or your jury service. Do not discuss this case or ask for

advice by any means at all, including posting information on an Internet

website, chat room or blog.

No Mid-Trial Discussions: When we are in a recess, do not discuss

anything about the trial or the case with each other or with anyone else. If

attorneys approach you, don’t speak with them. The law says they are to

avoid contact with you. If an attorney will not look at you or speak to you, do

not be offended or form a conclusion about that behavior. The attorney is not

supposed to interact with jurors outside of the courtroom and is only

following the rules. The attorney is not being impolite. If an attorney or

anyone else does try to speak with you or says something about the case in

your presence, please inform the bailiff immediately.

Only the Jury Decides: Only you get to deliberate and answer the verdict

questions at the end of the trial. I will not intrude into your deliberations at

all. I am required to be neutral. You should not assume that I prefer one

decision over another. You should not try to guess what my opinion is about

any part of the case. It would be wrong for you to conclude that anything I say

or do means that I am for one side or another in the trial. Discussing and

deciding the facts is your job alone.

Use of Cell Phones and Electronic Devices in the Courtroom and Jury

Room:*

*The trial judge should select one of the following two alternative

instructions explaining the rules governing jurors’ use of electronic devices,

as explained in Note on Use 3.

Alternative A: [All cell phones or other types of electronic devices must

be turned off while you are in the courtroom. Turned off means that the

phone or other electronic device is actually off and not in a silent or vibrating

mode. You may use these devices during recesses, but even then you may not

use your phone or electronic device to find out any information about the case

or communicate with anyone about the case or the people involved in the case.

Do not take photographs, video recordings or audio recordings of the

proceedings or your fellow jurors. After each recess, please double check to

make sure your device is turned off. At the end of the case, while you are

deliberating, you must not communicate with anyone outside the jury room.

You cannot have in the jury room any cell phones, computers, or other

electronic devices. If there are breaks in the deliberations, I may allow you to

communicate with your family or friends, but do not communicate about the

case or your deliberations. If someone needs to contact you in an emergency,

the court can receive messages and deliver them to you without delay. The

court’s phone number will be provided to you.]

Alternative B: [You cannot have any cell phones, computers, or other

electronic devices in the courtroom. You may use these devices during

recesses, but even then you may not use your phone or electronic device to

find out any information about the case or communicate with anyone about

the case or the people involved in the case. Do not take photographs, video

recordings or audio recordings of the proceedings or your fellow jurors. At

the end of the case, while you are deliberating, you must not communicate

with anyone outside the jury room. If there are breaks in the deliberations, I

may allow you to communicate with your family or friends, but do not

communicate about the case or your deliberations. If someone needs to

contact you in an emergency, the court can receive messages and deliver them

to you without delay. The court’s phone number will be provided to you.]

NOTES ON USE FOR 202.2

1. This instruction is intended for situations in which at the end of the

case the jury is going to be instructed before closing argument. The committee

strongly recommends instructing the jury before closing argument. If, however, the

court is going to instruct the jury after closing argument, this instruction will have

to be amended.

2. The publication of this recommended instruction is not intended to

intrude upon the trial judge’s own style and manner of delivery. It may be useful in

cataloging the subjects to be covered in an introductory instruction.

3. Florida Rule of Judicial Administration 2.451 directs trial judges to