Florida Statutes

Fla. Stat. § 40.50 (2025)

Jury duty and instructions in civil cases.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 7 cases, 2000–2011 · leading case: In Re Amendments to Rules of Civ. Procedure, 967 So. 2d 178 (Fla. 2007).

Sort: Relevance Newest Treatment

In Re Amendments to Rules of Civ. Procedure, 967 So. 2d 178 (Fla. 2007). · cites it 2× “[2] This is consistent with section 40.50(3), Florida Statutes (2006).”

Coates v. State, 855 So. 2d 223 (Fla. 5th DCA 2003). · cites it 4× “See § 40.50(2), Fla. Stat. (2002); see also Fla.”

State v. Doleszny, 2004 VT 9 (Vt. 2004). “See Fla. Stat. Ann. § 40.50 (2003) (civil cases); Ariz.”

Just. Coalition v. FIRST DCA JNC, 823 So. 2d 185 (Fla. 1st DCA 2002). · cites it 2× “, § 40.50, Fla. Stat. (allowing jurors to take confidential notes during civil actions likely to exceed 5 days for later use during deliberations); § 380.”

Griffin v. Kia Motors Corp., 843 So. 2d 336 (Fla. 1st DCA 2003). · cites it 2× “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…”

Stand. Jury Instructions-Civil Cases, 778 So. 2d 264 (Fla. 2000). · cites it 2× “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.”

Commonwealth v. Shea, 950 N.E.2d 393 (Mass. 2011). “2011) (criminal and civil trials); Fla. Stat. § 40.50 (2010) (civil trials likely to exceed five days); Haw.”

— 40.50(2) — 3 cases

Coates v. State, 855 So. 2d 223 (Fla. 5th DCA 2003). “See § 40.50(2), Fla. Stat. (2002); see also Fla.”

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

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

— 40.50(3) — 1 case

In Re Amendments to Rules of Civ. Procedure, 967 So. 2d 178 (Fla. 2007). “[2] This is consistent with section 40.50(3), Florida Statutes (2006).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.