In re Amendments to Florida Rule of Civil Procedure 1.470
In re Amendments to Florida Rule of Civil Procedure 1.470
Opinion of the Court
Before the Court are out-of-cycle
The Civil Procedure Rules Committee (Committee) proposed the amendments to rule 1.470 in response to the Court’s direction in In re Standard Jury Instructions—Contract and Business Cases, 116 So.3d 284, 288 (Fla. 2013), that “[a]ll references to the Florida Standard Jury Instructions and Standard Jury Instructions as set forth in Rule 1.470(b), Florida Rules of Civil Procedure, shall also include these Standard Jury Instructions — Contract and Business Cases.” The amendments correct the Court’s web address for the Standard Jury Instructions contained in subdivision (b) of the rule and add a new committee note to reference the new Standard Jury Instructions for Contract and Business Cases.
Accordingly, we amend the Florida Rules of Civil Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee note is offered for explanation only and is not adopted as an official part of the rules. The amendments shall become effective immediately upon the release of this opinion.
It is so ordered.
APPENDIX
RULE 1.470. EXCEPTIONS UNNECESSARY; JURY INSTRUCTIONS
(a) [No Change]
(b) Instructions to Jury. The Florida Standard Jury Instructions appearing on the court’s website at www.floridasupreme court.org/jury_instructions/instructions.
shtml shall be used by the trial judges of this state in instructing the jury in civil actions to the extent that the Standard Jury Instructions are applicable, unless the trial judge determines that an applicable Standard Jury Instruction is erroneous or inadequate. If the trial judge modifies a Standard Jury Instruction or gives such other instruction as the judge determines necessary to accurately and sufficiently instruct the jury, upon timely objection to the instruction, the trial judge shall state on the record or in a separate order the legal basis for varying from the Standard Jury Instruction. Similarly, in all circumstances in which the notes accompanying the Florida Standard Jury Instructions contain a recommendation that a certain type of instruction not be given, the trial judge shall follow the recommendation unless the judge determines that the giving of such an instruction is necessary to accurately and sufficiently instruct the jury, in which event the judge shall give such instruction as the judge deems appropriate and necessary. If the trial judge does not follow such a recommendation of the Florida Standard Jury Instructions, upon time
(c) [No Change]
Committee Notes
1988 Amendment — 2010 Amendment. [No Change]
2014 Amendment. Florida Standard Jury Instructions include the Florida Standard Jury Instructions — Contract and Business Cases.
. See Fla. R. Jud. Admin. 2.140(f).
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