New Procedural Rules Impact Jury Trials in Florida

March 14, 2008

In January 2008, the Florida Supreme Court implemented several important changes that will alter the way jury trials are conducted.

Most of the rule changes address the manner in which juries are instructed about the law to apply. Jurors will no longer be forced to remember complicated jury instructions solely from memory. Revised Rule 1.470(b) of the Florida Rules of Civil Procedure requires the trial judge to provide the jury with a written set of jury instructions for their deliberations. The instructions will still be read to the jury, but now the trial judge has the flexibility to read the instructions prior to closing arguments, if desirable. Formerly, note taking by members of the jury was up to the trial judge's discretion; however, the revised rule requires the trial judge to allow jurors to take notes during the trial.

Another significant change is the authorization of juror notebooks. The new rule gives the trial judge discretion whether to allow notebooks, and what documents to include. The American Bar Association has advocated this practice. While the exact materials will vary depending on the type and complexity of the case, typical juror notebooks could include copies of admitted exhibits, stipulations of the parties, seating charts identifying counsel and their clients, chronologies or timelines and glossaries of important terminology. The more complicated the case, the more helpful the juror notebook will become.

The rule changes promise to facilitate better juror understanding and increase the likelihood that the jury will become more integrated into the trial process.

For more information, please contact Jessica Kirkwood Alley.