Florida Rules of Civil Procedure

Civil Procedure

Rule 1.470 – EXCEPTIONS UNNECESSARY; JURY INSTRUCTIONS

(a) Adverse Ruling. For appellate purposes no exception shall be necessary to any adverse ruling, order, instruction, or thing whatsoever said or done at the trial or prior thereto or after verdict, which was said or done after objection made and considered by the trial court and which affected the substantial rights of the party complaining and which is assigned as error.
(b) Instructions to Jury. The Florida Standard Jury Instructions appearing on The Florida Bar’s website may be used, as provided in Florida Rule of Judicial Administration 2.570, by the trial judges in instructing the jury in civil actions. Not later than at the close of the evidence, the parties shall file written requests that the court instruct the jury on the law set forth in such requests. The court shall then require counsel to appear before it to settle the instructions to be given. At such conference, all objections shall be made and ruled upon and the court shall inform counsel of such instructions as it will give. No party may assign as error the giving of any instruction unless that party objects thereto at such time, or the failure to give any instruction unless that party requested the same. The court shall orally instruct the jury before or after the arguments of counsel and may provide appropriate instructions during the trial. If the instructions are given prior to final argument, the presiding judge shall give the jury final procedural instructions after final arguments are concluded and prior to deliberations. The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
(c) Orders on New Trial, Directed Verdicts, etc. It shall not be necessary to object or except to any order granting or denying motions for new trials, directed verdicts, or judgments non obstante veredicto or in arrest of judgment to entitle the party against whom such ruling is made to have the same reviewed by an appellate court.

FL. R. Civ. P. 1.470

Amended by 2021 WL 279005, effective 1/28/2021; amended by 2020 WL 1064825, effective 4/1/2020; amended by 133 So.3d 928, effective 2/20/2014; amended by 52 So.3d 579, effective 1/1/2011; amended by 967 So.2d 178, effective 1/1/2008; amended by 536 So.2d 974, effective 1/1/1989.

Committee Notes

1988 Amendment. The word “general” in the third sentence of subdivision (b) was deleted to require the court to specifically inform counsel of the charges it intends to give. The last sentence of that subdivision was amended to encourage judges to furnish written copies of their charges to juries.

2010 Amendment. Portions of form 1.985 were modified and moved to subdivision (b) of rule 1.470 to require the court to use published standard instructions where applicable and necessary, to permit the judge to vary from the published standard jury instructions, and notes only when necessary to accurately and sufficiently instruct the jury, and to require the parties to object to preserve error in variance from published standard jury instructions and notes.

2014 Amendment. Florida Standard Jury Instructions include the Florida Standard Jury Instructions-Contract and Business Cases.