Florida Statute 40.50 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

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40.50 Jury duty and instructions in civil cases.—

(1) In any civil action immediately after the jury is sworn, the court shall instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions of witnesses, and the legal issues involved in the proceeding.

(2) In any civil action which the court determines is likely to exceed 5 days, the court shall instruct that the jurors may take notes regarding the evidence and keep the notes to refresh their memories and to use during recesses and deliberations. The court may provide materials suitable for this purpose. The court should emphasize the confidentiality of the notes. After the jury has rendered its verdict, any notes shall be collected by the bailiff or clerk who shall promptly destroy them.

(3) The court shall permit jurors to submit to the court written questions directed to witnesses or to the court. The court shall give counsel an opportunity to object to such questions outside the presence of the jury. The court may, as appropriate, limit the submission of questions to witnesses.

(4) The court shall instruct the jury that any questions directed to witnesses or the court must be in writing, unsigned, and given to the bailiff. If the court determines that the juror’s question calls for admissible evidence, the question may be asked by court or counsel in the court’s discretion. Such question may be answered by stipulation or other appropriate means, including, but not limited to, additional testimony upon such terms and limitations as the court prescribes. If the court determines that the juror’s question calls for inadmissible evidence, the question shall not be read or answered. If the court rejects a juror’s question, the court should tell the jury that trial rules do not permit some questions and that the jurors should not attach any significance to the failure of having their question asked.

(5) The court may give final instructions to the jury before closing arguments of counsel to enhance jurors’ ability to apply the law to the facts. In that event, the court may withhold giving the necessary procedural and housekeeping instructions until after closing arguments.

History.—s. 1, ch. 99-225.

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Amendments to 40.50

Annotations, Discussions, Cases:

Cases Citing Statute 40.50

Total Results: 5 | Sort by: Relevance | Newest First

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Stand. Jury Instructions-Civil Cases, 778 So. 2d 264 (Fla. 2000).

Cited 7 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 518, 2000 Fla. LEXIS 1371, 2000 WL 889771

...s or applicability. The instructions as set forth in the appendix shall be effective when this opinion becomes final. New language is indicated by underlining, and deletions are indicated by struck-through type. Finally, in light of recently enacted section 40.50(2), Florida Statutes (1999), and recent innovations in jury trial procedures in other jurisdictions, we refer the issue of juror note-taking to the Civil Procedure Rules Committee....

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In Re Amendments to Rules of Civ. Procedure, 967 So. 2d 178 (Fla. 2007).

Cited 6 times | Published | Supreme Court of Florida | 2007 WL 2873349

...NOTE ON USE Any read-back of testimony should take place in open court. Transcripts or tapes of testimony should not be sent back to the jury room. NOTES [1] This recommendation refers to Standard 13 of the American Bar Association Standards Relating to Juror Use and Management (1993). [2] This is consistent with section 40.50(3), Florida Statutes (2006)....

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Just. Coalition v. FIRST DCA JNC, 823 So. 2d 185 (Fla. 1st DCA 2002).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 1562223

...the reasons for and against a choice or measure" or "a discussion and consideration by a number of persons of the reasons for and against a measure." Id. (citing Merriam-Webster's New International Unabridged Dictionary 596 (3d ed.)). [4] See, e.g., § 40.50, Fla....

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Griffin v. Kia Motors Corp., 843 So. 2d 336 (Fla. 1st DCA 2003).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2003 WL 1913940

...We draw the trial court's attention to Florida Rule of Civil Procedure 1.470(b), which encourages trial courts to furnish written instructions to the jury "when practicable." Third, Griffin states that the judge refused his request to allow the jury to take notes. Such act would have been contrary to section 40.50(2), Florida Statutes (2000), which provides: "In any civil action which the court determines is likely to exceed 5 days, the court shall instruct that the jurors may take notes regarding the evidence and keep the notes to refresh their...

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Coates v. State, 855 So. 2d 223 (Fla. 5th DCA 2003).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 14544, 2003 WL 22213346

...Florida Eminent Domain Practice and Procedure (2000), Chapter 11, Jury Instructions, 11-7. Moreover, the legislature saw fit to adopt a statute calling for jurors to be allowed to take notes in civil trials that are likely to exceed five days, provided jurors were properly instructed on the use of notes. See § 40.50(2), Fla....

...State, 725 So.2d 386 (Fla. 1st DCA 1998); Tanner v. State, 724 So.2d 156 (Fla. 1st DCA 1998); Bradford v. State, 722 So.2d 858 (Fla. 1st DCA 1998); Pierre v. State, 601 So.2d 1309 (Fla. 4th DCA 1992); Scheel v. State, 350 So.2d 1120 (Fla. 3d DCA 1977); see also § 40.50(2), Fla....

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