IN RE AMENDMENTS TO RULES OF CIV. PROCEDURE

No. SC05-1091.

967 So.2d 178 (2007)

In re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE STANDARD JURY INSTRUCTIONS IN CIVIL CASES, AND THE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—IMPLEMENTATION OF JURY INNOVATIONS COMMITTEE RECOMMENDATIONS.

Supreme Court of Florida.

October 4, 2007.


Attorney(s) appearing for the Case

Corinne Cotton Hodak, Chair, Jacksonville, FL, and Keith H. Park, Past Chair, the Civil Procedure Rules Committee, West Palm Beach, FL; H. Scott Fingerhut, Chair, Miami, FL, and the Honorable Thomas H. Bateman, Past Chair, Criminal Procedure Rules Committee, Second Judicial Circuit, Tallahassee, FL; Scott D. Makar, Chair, Standard Jury Instructions Rules Committee in Civil Cases, Office of General Counsel, Jacksonville, FL, and the Honorable Ralph Artigliere, Past Chair, Tenth Judicial Circuit, Bartow, FL; the Honorable O.H. Eaton, Jr., Chair, Criminal Court Steering Committee, Eighteenth Judicial Circuit, Sanford, FL; the Honorable Terry David Terrell, Chair, Standard Jury Instructions in Criminal Cases, First Judicial Circuit, Pensacola, FL, and Bill Cervone, Past Chair, Office of State Attorney, Eighth Judicial Circuit, Gainesville, FL; the Honorable Robert T. Benton, II, Chair, Rules of Judicial Administration Committee, First District Court of Appeal, Tallahassee, FL, and Katherine E. Giddings of Akerman Senterfitt, Tallahassee, FL, for Petitioners.

Michael Ufferman, P.A. and Paula S. Saunders, Office of Public Defender, Tallahssee, FL, on behalf of Florida Association of Criminal Defense Lawyers; Bill Wagner, Tampa, FL; Bill Wagner, Tampa, FL; the Honorable Kathleen F. Dekker, Second Judicial Circuit, Tallahassee, FL; the Honorable Nancy A. Daniels, Office of Public Defender, Tallahassee, FL, on behalf of the Florida Public Defender Association; Daniel S. Ciener, Merritt Island, FL; the Honorable David A. Glant, Eighth Judicial Circuit, Gainesville, FL; Brian L. Tannebaum and Milton Hirsch, Miami, FL, on behalf of Florida Association of Criminal Defense Lawyers — Miami Chapter; the Honorable Dale Ross, Seventeenth Judicial Circuit, Fort Lauderdale, FL; Arthur I. Jacobs of Jacobs and Associations, P.A., Fernandina Beach, FL, on behalf of the Florida Prosecuting Attorneys Association; John F. Harkness, Jr., Executive Director, the Florida Bar, Tallahassee, FL, and George Euripedes Tragos, Past Chair, Criminal Procedure Rules Committee, Clearwater, FL, Responding with comments.


WELLS, J.

We have for consideration a number of proposed amendments to court rules and standard jury instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.

I. BACKGROUND

In November 1999, the Jury Innovations Committee (Committee) of this Court's Judicial Management Council embarked on the most comprehensive review and thorough evaluation of Florida's jury system in the history of this state. The Committee, appointed by then...

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