Florida Statute 40.50 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

View Entire Chapter

F.S. 40.50

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.

F.S. 40.50 on Google Scholar

F.S. 40.50 on Casetext

Amendments to 40.50

Arrestable Offenses / Crimes under Fla. Stat. 40.50

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.50.

Annotations, Discussions, Cases:

Cases Citing Statute 40.50

Total Results: 20

DEANGELO GEORGE ROBINSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-02T00:00:00-08:00

Snippet: separate vehicle parked at an adjacent restaurant, 40– 50 yards away from where the takedown was to occur

Seminole County, Florida and Johns Eastern Company, Inc. v. Braden

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

Snippet: office the rest of the week. She worked with about 40–50 people at her office, and that some had tested positive

Jamichea Ziegler v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-01T00:53:00-07:00

Snippet: illegible at times. Each page typically includes 40-50 lines of text 2 and the margins throughout the motion

The Florida Bar v. Dennis L. Horton

Court: Fla. | Date Filed: 2019-08-29T00:53:00-07:00

Snippet: -5- R.O.C.’s checking accounts totaling $40,050. After the Bar began its investigation, Horton…totaling $82,840, and he returned approximately $40,050 to R.O.C.’s accounts. The referee determined that

Harborside HealthCare, LLC. v. Jacobson

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-09T00:00:00-07:00

Citation: 222 So. 3d 612, 2017 WL 2491558, 2017 Fla. App. LEXIS 8502

Snippet: 10, 11, 16, 27, 28, 29, 30, 31, 32, 34, 35, 39, 40, 50, 61, 62, 65, and 66 of the Estate’s request for

Parker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-06T00:00:00-08:00

Citation: 124 So. 3d 1023, 2013 WL 5927257, 2013 Fla. App. LEXIS 17647

Snippet: ... you drive up to the suspect, approximately 40, 50 feet away, you light them up with your spotlight

In Re Amendments to Rules of Civ. Procedure

Court: Fla. | Date Filed: 2007-10-04T00:53:00-07:00

Citation: 967 So. 2d 178

Snippet: Management (1993). [2] This is consistent with section 40.50(3), Florida Statutes (2006). [3] Current standard

Tananta v. CRUISE SHIPS CATERING AND SERV.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-22T00:00:00-08:00

Citation: 909 So. 2d 874

Snippet: such machinations solely to avoid anywhere from 40-50 seaman claims each year in American state courts

Tananta v. Cruise Ships Catering & Services Int'l., N.V.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-22T00:00:00-08:00

Citation: 909 So. 2d 874, 2005 A.M.C. 449, 2004 Fla. App. LEXIS 19661

Snippet: such machinations solely to avoid anywhere from 40-50 seaman claims each year in American state courts

Coates v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-26T00:00:00-07:00

Citation: 855 So. 2d 223, 2003 Fla. App. LEXIS 14544, 2003 WL 22213346

Snippet: properly instructed on the use of notes. See § 40.50(2), Fla. Stat. (2002); see also Fla. Std. Jury Instr…, 350 So.2d 1120 (Fla. 3d DCA 1977); see also § 40.50(2), Fla. Stat. (2002). Similarly, virtually all

REPUBLIC SERVICES OF FLORIDA v. Poucher

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-12T00:00:00-07:00

Citation: 851 So. 2d 866

Snippet: than 33 mm. (compared to a normal mouth opening of 40-50 mm. for someone Poucher's age) after the recycling

Griffin v. Kia Motors Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-23T00:53:00-07:00

Citation: 843 So. 2d 336

Snippet: notes. Such act would have been contrary to section 40.50(2), Florida Statutes (2000), which provides: "

Fotopoulos v. State

Court: Fla. | Date Filed: 2002-12-18T23:53:00-08:00

Citation: 838 So. 2d 1122

Snippet: it or in the area around because she was about 40, 50 feet away. [9] See Rodriguez; Schneckloth v. Bustamonte

Justice Coalition v. FIRST DCA JNC

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-16T00:53:00-07:00

Citation: 823 So. 2d 185

Snippet: Unabridged Dictionary 596 (3d ed.)). [4] See, e.g., § 40.50, Fla. Stat. (allowing jurors to take confidential

Henderson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-27T00:00:00-07:00

Citation: 792 So. 2d 641, 2001 Fla. App. LEXIS 12087, 2001 WL 965018

Snippet: considered outside the presence of the jury. See secs. 40.50(3) and (4), Fla. Stat. (1999). No similar provision

Standard Jury Instructions-Civil Cases

Court: Fla. | Date Filed: 2000-07-06T00:53:00-07:00

Citation: 778 So. 2d 264

Snippet: . Finally, in light of recently enacted section 40.50(2), Florida Statutes (1999), and recent innovations

Sheppard & White v. Jacksonville

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-17T23:53:00-08:00

Citation: 751 So. 2d 731

Snippet: on the $40/$50 hourly rates and, in Zelman III, 645 So.2d at 58, the court ruled that a $40-$50 hourly …argues that Zelman stands for the principle that a $40-$50 hourly rate is per se unreasonable and confiscatory

Stevens v. Lee County

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-27T00:00:00-07:00

Citation: 695 So. 2d 934, 1997 Fla. App. LEXIS 7251, 1997 WL 356525

Snippet: awarded set by a panel of all circuit judges 4th $40/$50 $3500 minimum 5th $60/$60 $20,000 maximum fee per

Rollins v. Cochran Forest Products

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-08T00:00:00-08:00

Citation: 626 So. 2d 304, 1993 Fla. App. LEXIS 11197, 1993 WL 452250

Snippet: testified that this wood block weighed between 40-50 lbs. In the claimant’s deposition, however, the

M.L. Montgomery, Inc. v. Grassam

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-05T00:00:00-07:00

Citation: 580 So. 2d 659, 1991 Fla. App. LEXIS 5091, 1991 WL 92970

Snippet: closing costs for new construction financing” of $16,040.50. These costs were incurred in securing secondary…amended final judgment reducing the damages by $16,040.50. We find no merit in the other point on the main…prejudgment interest shall likewise exclude the $16,040.50 discussed earlier in this opinion. AFFIRMED IN