Fla. Fam. L. R. P. 12.470

RULE 12.470

EXCEPTIONS

(a) Adverse Ruling. For appellate purposes, an exception

is not necessary to any adverse ruling, order, instruction, or thing

whatsoever said or done at the trial, prior to the trial, or after the

verdict, that was said or done after an objection was made and

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considered by the trial court and that affected the substantial rights

of the complaining party and that 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 Florida Bar’s website 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 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 the instruction is necessary to accurately and sufficiently

instruct the jury, in which event the judge must give the instruction

as the judge deems appropriate and necessary. If the trial judge

does not follow 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. The parties may file written requests on the law that

the court instruct the jury no later than at the close of the evidence.

The court may then require counsel to appear before it to settle the

instructions to be given. At that conference, all objections must be

made and ruled on and the court must inform counsel of the

instructions the court will give. No party may assign as error the

giving of any instruction or the failure to give any instruction unless

that party objects at the conference. The court may orally instruct

the jury before or after the arguments of counsel and 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

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written set of the instructions for use in deliberations. The court

must file a copy of the instructions.

(c) Orders on New Trial; Directed Verdicts; etc. It is not

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 the ruling is made to have it reviewed by an

appellate court.

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.