Fl. Fam. Law. R. P. 12.470

As amended through September 12, 2024

Rule 12.470 - EXCEPTIONS

(a)Adverse Ruling. For appellate purposes, an exception is not necessary to any adverse ruling, order, instruction, or thing whatsoever said or done at the trial, prior to the trial, or after the verdict, that was said or done after an objection was made and considered by the trial court and that affected the substantial rights of the complaining party and that is assigned as error, other than as provided by rules 12.490 and 12.492.

(b)Instructions to Jury. The Florida Standard Jury Instructions appearing on The Florida Bar's website must 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 other instruction as the judge determines necessary to accurately and sufficiently instruct the jury, on timely objection to the instruction, the trial judge must 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 must follow the recommendation unless the judge determines that the giving of the instruction is necessary to accurately and sufficiently instruct the jury, in which event the judge must give the instruction as the judge deems appropriate and necessary. If the trial judge does not follow a recommendation of the Florida Standard Jury Instructions, on timely objection to the instruction, the trial judge must state on the record or in a separate order the legal basis of the determination. The parties may file written requests on the law that the court instruct the jury no later than at the close of the evidence. The court may then require counsel to appear before it to settle the instructions to be given. At that conference, all objections must be made and ruled on and the court must inform counsel of the instructions the court will give. No party may assign as error the giving of any instruction or the failure to give any instruction unless that party objects at the conference. The court may orally instruct the jury before or after the arguments of counsel and provide appropriate instructions during the trial. If the instructions are given before final argument, the presiding judge must give the jury final procedural instructions after final arguments are concluded and before deliberations. The court must provide each juror with a written set of the instructions for use in deliberations. The court must file a copy of the instructions.

(c)Orders on New Trial; Directed Verdicts; etc. It is not necessary to object or except to any order granting or denying motions for new trials, directed verdicts, or judgments notwithstanding the verdict or in arrest of judgment to entitle the party against whom the ruling is made to have it reviewed by an appellate court.

Fl. Fam. Law. R. P. 12.470

Amended effective 11/1/2023; amended by 214 So.3d 400, effective 3/16/2017.

Commentary

1995 Adoption. This rule amends subdivision (a) of rule 1. 470 as it applies to family law matters to eliminate possible confusion between common law exceptions and exceptions to recommendations of a general master under rule 12.490 or a special master under rule 12.492.