Florida Family Law Rule 12.470
RULE 12.470. EXCEPTIONS
(a) Adverse Ruling. For appellate purposes no exception
shall be necessary to any adverse ruling, order, instruction, or thing
whatsoever said or done at the trial or prior to the trial or after the
verdict, which was said or done after objection made and
considered by the trial court and which affected the substantial
rights of the party complaining and which 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 court’s website at
www.floridasupremecourt.org/jury_instructions.shtml 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 such 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 such an instruction is necessary to accurately and
sufficiently instruct the jury, in which event the judge must give
such instruction as the judge deems appropriate and necessary. If
the trial judge does not follow such 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 that such instruction is necessary.
Not later than at the close of the evidence, the parties may file
written requests that the court instruct the jury on the law set forth
in such requests. The court may then require counsel to appear
before it to settle the instructions to be given. At such conference,
all objections must be made and ruled on and the court must
inform counsel of such instructions as the court will give. No party
may assign as error the giving of any instruction unless that party
objects thereto at such time, or the failure to give any instruction
unless that party requested the same. The court shall orally
instruct the jury before or after the arguments of counsel and may
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 his or her use in
deliberations. The court must file a copy of such instructions.
(c) Orders on New Trial; Directed Verdicts; etc. It shall
not be 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 such ruling is made to have the same reviewed
by an appellate court.
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.
(a) Adverse Ruling. For appellate purposes no exception
shall be necessary to any adverse ruling, order, instruction, or thing
whatsoever said or done at the trial or prior to the trial or after the
verdict, which was said or done after objection made and
considered by the trial court and which affected the substantial
rights of the party complaining and which 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 court’s website at
www.floridasupremecourt.org/jury_instructions.shtml 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 such 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 such an instruction is necessary to accurately and
sufficiently instruct the jury, in which event the judge must give
such instruction as the judge deems appropriate and necessary. If
the trial judge does not follow such 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 that such instruction is necessary.
Not later than at the close of the evidence, the parties may file
written requests that the court instruct the jury on the law set forth
in such requests. The court may then require counsel to appear
before it to settle the instructions to be given. At such conference,
all objections must be made and ruled on and the court must
inform counsel of such instructions as the court will give. No party
may assign as error the giving of any instruction unless that party
objects thereto at such time, or the failure to give any instruction
unless that party requested the same. The court shall orally
instruct the jury before or after the arguments of counsel and may
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 his or her use in
deliberations. The court must file a copy of such instructions.
(c) Orders on New Trial; Directed Verdicts; etc. It shall
not be 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 such ruling is made to have the same reviewed
by an appellate court.
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.