IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF CIVIL PROCEDURE, AND THE FLORIDA RULES OF CRIMINAL PROCEDURE—STANDARD JURY INSTRUCTIONS
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The Florida Supreme Court restructured its standard jury instruction process by delegating approval authority from the Court to three standing committees on standard jury instructions. This change was designed to streamline the development process, remove misconceptions about the Court's substantive endorsement of the instructions, and align Florida with procedures used in most other states.
The Court adopted new Rule of Judicial Administration 2.270 granting the three committees authority to develop and approve standard jury instructions by two-thirds vote, without Supreme Court authorization; adopted new Rule 2.580 governing the use and modification of standard jury instructions; amended Rules of Civil Procedure 1.470(b) and Criminal Procedure 3.390 to reference the new rules; and deleted Criminal Procedure Rule 3.985 as unnecessary.
[1] Standard jury instructions approved by Supreme Court committees are not approved or specifically authorized by the Supreme Court and do not constitute an adjudicative det…
[2] Trial judges may use standard jury instructions to the extent they are applicable, but must modify or provide alternative instructions if they find a standard instruction…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In authorizing the publication and use of these instructions, we express no opinion on [the instructions'] correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions.”
Establishes the caveat the Court previously included in jury instruction authorizations, which created misconceptions despite the disclaimer.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court previously maintained a two-step process for standard jury instructions: committees prepared instructions, then the Court au…
The full statement of facts, procedural history, and disposition for this case are member content.
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FLORIDA SUPREME COURT
NOTICE OF CORRECTION
DATE: April 2, 2020
CASE OF: IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF CIVIL PROCEDURE, AND THE FLORIDA RULES OF CRIMINAL PROCEDURE—STANDARD JURY INSTRUCTIONS
DOCKET NO.: SC20-145 OPINION FILED: March 5, 2020
ATTENTION: ALL PUBLISHERS
THE FOLLOWING CORRECTIONS HAVE BEEN MADE IN THE ABOVE OPINION:
On p. 1, line 6, “2.570” has been changed to “2.580.” On p. 10, line 5, “2.570” has been changed to “2.580.” On p. 11, lines 1 and 4 of the last paragraph, “2.570” has been changed to “2.580.” On p. 12, lines 8 and 12, “2.570” have been changed to “2.580.” On p. 13, lines 5, 7, 9, and 13, “2.570” have been changed to “2.580.” On p. 15, line 4 of Rule 1.470(b), “2.570” has been changed to “2.580.” On p. 18, line 2 of Rule 2.270(b)(4), “2.570” has been changed to “2.580.” On p. 18, last heading, “RULE 2.570” has been changed to “RULE 2.580.” On p. 19, line 3 of Rule 3.390(a), “2.570” has been changed to “2.580.”
SIGNED: OPINION CLERK
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- In re the use by the trial courts of the Standard Jury Instructions, 198 So. 2d 319 (Fla. 1967)
- In re the Use by the Trial Courts of the Standard Jury Instructions IN Crim. Cases, 240 So. 2d 472 (Fla. 1970)
- In re Standard Jury Instructions IN Crim. Cases-Report NO. 2011-03, 95 So. 3d 868 (Fla. 2012)
- In re Standard Jury Instructions IN Crim. Cases-Report 2011-04, 85 So. 3d 1090 (Fla. 2012)
- In re Standard Jury Instructions IN Crim. Cases-Report NO. 2007-5, 982 So. 2d 1160 (Fla. 2008)
- In re Standard Jury Instructions IN Crim. Cases-Instruction 14.2, 140 So. 3d 992 (Fla. 2014)
- In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-08, 194 So. 3d 1007 (Fla. 2016)
- In re Standard Jury Instructions IN Civil Cases & Standard Jury Instructions in Contract & Bus. Cases-Joint Report No. 18-01., 260 So. 3d 965 (Fla. 2018)
- In re Standard Jury Instructions in Crim. Cases - Report 2018-13, 272 So. 3d 1210 (Fla. 2019)
- In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2018-11., 260 So. 3d 1024 (Fla. 2018)