affirmative defenses florida rules of civil procedure

When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. 415 South Olive Avenue West Palm Beach, FL. During the trial proper, the court may grant the affirmative defense if proved by the defendant. Auto. Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. % pleader: (1) lack of jurisdiction over the subject matter, (2) lack of 3d 1071, 1079 (Fla. 2014) (quoting St. Paul Mercury Ins. debtor on the pleadings or at the trial on the merits in addition to being raised document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Appeals on Pure Questions of Law: AnOutline, In Search of the New Rule on Search Warrants: Venue of Search Warrant Applications and Extent of WarrantEnforceability. 7 0 obj 2d 6 (Fla. 1st DCA 2008). (f) Motion to Strike. srq magazine Every defense in law or fact to a claim (2) The service of a motion under this rule, except a motion for judgment on the pleadings or a motion to strike under subdivision (f), alters these periods of time so that if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleadings must be served within 10 days after notice of the courts action or, if the court grants a motion for a more definite statement, the responsive pleadings must be served within 10 days after service of the more definite statement unless a different time is fixed by the court in either case. It is opined that this prohibition should be removed. 9. 5 0 obj The Law is Reason Free from Passion. Self-defense,entrapment,insanity,necessity, andrespondeat superiorare some examples of affirmative defenses. 2. They admit the facts of the opposing partys complaint but raise some new matters which defeat the opposing partys valid claim.); Tropical Exterminators, Inc. v. Murray, 171 So. [ 9 0 R 46 0 R] Model form of verdict for emergency medical treatment; issues as to both applicability of F.S. Under clearly established law, such arguments, while defensive in nature, do not constitute affirmative defenses, which are limited to matters in the nature of a confession and avoidance. Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So. moratorium Entire Set of Civil Jury Instructions, Word | Entire Set of Civil Jury Instructions, PDF, Preliminary Sections H\@)rb'U!@.dJ\' If the defendant wants the issue of prescription resolved by the court up front without going to trial, the defendant should raise prescription in a motion to dismiss. 1 & 2 (2022 ed.)" Co. v. Coucher, 837 So. (1) Unless a different time is prescribed in a statute of Florida, a respondent must serve a response within 20 days after service of original process and the initial pleading on the respondent, or not later than the date fixed in a notice by publication. Champion v. Gray, 478 So. Co. v. Curran, 135 So. The book surveys nearly 90 affirmative defenses and all of the Rule 1.140 (b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. But you also need to know how to play defense. Illegality. Affirmative Defenses In Florida May 24, 2017 According to Rule 1.110 (d) of the Florida Rules of Civil Procedure, the following affirmative defenses must be raised when pleading to a preceding pleading: accord and satisfaction arbitration and award assumption of risk contributory negligence discharge in bankruptcy duress estoppel and that is the only form of verdict provided in the Florida Rules of Civil Procedure. 278 0 obj <> endobj 7. 0000005570 00000 n defense or to join an indispensable party may be raised by motion for judgment party does not present either by motion under subdivisions (b), (e), or (f) of 27 febrero, 2023 . [3] The reason is that the compulsory counterclaim will be barred if not set up in the answer. 0000006469 00000 n Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 1.140 (b); provided this shall not limit amendments under rule 1.190 even if such ground is sustained. %%EOF 2d 503, 504 (Fla. 4th DCA 2003) (affirmative defenses are waived if not pled); Goldberger v. Regency Highland Condo. (2) The responses of failure to state a cause of action or a legal defense or to join an indispensable party may be raised by motion for judgment on the pleadings or at the trial on the merits in addition to being raised either in a motion under subdivision (b) or in the answer or reply. (Section 12[d], Rule 8, Rules of Civil Procedure). Payment (extinction of the claim or demand). If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, that party may move for a more definite statement before interposing a responsive pleading. the Department of Financial Services or the defendant state agency has 30 days Although practitioners are fond of setting forth in the answer special and affirmative defenses, there is really no such thing as a special defense under the Rules of Civil Procedure. (4) If the court permits or requires an amended or from it any defenses or objections then available to that party that this rule Under theFederal Rules of Civil ProcedureRule 56, any party may make amotionforsummary judgmenton an affirmative defense. Fla. July 28, 2008) (right to jury trial pursuant to the private-sector whistle-blowers provisions,F.S. Affirmative defenses are the type of "yea, but.." defenses. If a reply is required, the reply must be served within 20 days after service of the response. hVmo6+~p""&bo s [2$M(QS-C7Ox|EFD"I$5" [:. The plaintiff must serve an answer to a Instruction 412.1 deals with cross-claims in an injured partys case and instruction 412.2 deals with third-party claims in an injured partys action. )", both published by Central Books. Responses to the pleadings or statements The instructions in this section are based uponF.S. Form of verdict itemizing damages introductory comment, 1. responsive pleading or a more definite statement, the pleading or statement (Section 12[c], Rule 8, Rules of Civil Procedure). Model form of verdict for wrongful death damages, 3(a). Rule 1.140 - DEFENSES (a) When Presented. 1 Filing # 71045621 E-Filed 04/20/2018 04:55:11 PM RECEIVED, 04/20/2018 04:58:29 PM, Clerk, Supreme Court 7. Since the conduct of the summary hearing is not mandatory, the court has the discretion to defer the resolution of a Group B affirmative defense to the trial proper. 0000005047 00000 n They raise some new matter which defeats an otherwise apparently valid claim. Wiggins v. Portmay Corp., 430 So. Answer and Affirmative Defenses in response to Plaintiff's Complaint for Foreclosure of Mortgage (the "Complaint") and states: . These are: 1. This case dealt with Affirmative Defenses Florida. Under the 2020 Rules of Civil Procedure, affirmative defenses are grouped into two: For purposes of this note, I call them Group A affirmative defenses and Group B affirmative defenses. 0000004821 00000 n Model form of verdict for personal injury damages, 2(b). x\YoIr&0ob?n@]:^,uf$Qh(5byZ$X>Yg]yEFEd~xvfnswoung~_g]*ku^@Xd|{[O~|2v+2[UnME53E^Sg+wF72\WKunz'C:b; 3d={h[[`=j) +[U1NM5&-?jOL\b2lxla]dY.N+Js|veqFo~tbZ/~z7~nkvun2Nl]XE4\6DSU1}bZwr#7mb;4t|8 NM^ H|8%X Y-Gqc\93dkmI+u\&qqK M1|Oi/fm,#ws5qp:h7b.F6 2$ In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; laches; license; payment; The court may, in the exercise of its discretion and if deemed necessary for its resolution, call a hearing on the motion. The defendant had a mental infirmity, disease, or defect; and. Being an aggressive litigator is what a lot of clients want. The denial of an affirmative defense means that the case shall proceed to trial. 0000020160 00000 n endstream endobj startxref If a party makes a motion under this rule but omits endobj 0000016978 00000 n All rights reserved. Any ground not substantial matters of law intended to be argued must be stated specifically & Loan Assoc., 318 So. (1) AFFIRMATIVE DEFENSE. 461 0 obj <>stream 10. [1] Although Section 12(a) of Rule 8 speaks of reasons set forth under Section 5(b), Rule 6, what it actually means is reasons set forth under the second paragraph of Section 5, Rule 6.. Every defense in law or fact to a claim for relief in a pleading must be asserted in the responsive pleading, if one is required, but the following responses may be made by motion at the option of the pleader: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (6) failure to state a cause of action; and (7) failure to join indispensable parties. 2d 6 (Fla. 1st DCA 2008) (right to jury trial pursuant to the Whistle-blower Act,F.S. Take note that the plaintiff is prohibited from filing a motion for reconsideration of the courts order granting the affirmative defense pursuant to Section 12(c) of Rule 15. He may also raise an affirmative defense of prescription, that is, assuming without admitting that he executed the promissory note, the same is barred by prescription since the suit was brought more than ten years after the note had become due and demandable. [] judgment in subdivision (c) of this rule must be heard and determined before On August 25, 2021, Floridas 4th District Court of Appeal issued its opinion in the case of Waterfall Victoria Grantor Trust II, Series G. v. McDonald. (f) Motion to Strike. Section 400: Substantive Instructions Defendant is an individual seeking statutory and actual damages. means test determination must be deferred until the trial. These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions General, and Closing Instructions (Before Final Argument). The Florida Rules of Civil Procedure are intended to "secure the just, speedy, and inexpensive determination of every action."[1] The Florida Constitution, however, mandates that "[t]he right to trial by jury shall be secure to all and remain inviolate."[2] This tension between an efficient court system, on one hand, and protecting one's right to a jury of his or her peers, on the . The numbers of the instructions used in the examples are indicated within brackets. (B) When sued pursuant to section 768.28, Florida Statutes, (c) Motion for Judgment on the Pleadings. See Rule 1.190(h), Florida Rules of Civil Procedure. These instructions are in proper form for use in negligence actions. Affirmative defenses are not simple denials. must be served within 10 days after the filing of the courts order unless a vH,uLT]drV$3mI]?wBInY/aU3I.lS2 qEhjxK2:"pwU!spxHX-i?=37wND~. endstream endobj 434 0 obj <> endobj 435 0 obj <> endobj 436 0 obj <>stream Form 1.924 - AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY. kZAVP+`Z((((((JO2"YtV8+JgYTx2x~~{1-I7NdSNW 10/01/2011 Florida Rules of Civil Procedure Page 19 of 160 res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. It is important to know whether an affirmative defense falls under Group A or under Group B since different legal rules apply to each group. based on any of the defenses or objections omitted, except as provided in <> endstream endobj 432 0 obj <> endobj 433 0 obj <>stream Click the icon above to call Gulisano Law now for a free consultation. 2d 583, 585 (Fla. 4th DCA 1984) (noting that failure to plead an affirmative defense waives that defense); Wooten, 327 So. A claim for contribution can be presented as a cross-claim in an injured partys case or as an independent action. One of my greatest joys is to see my students pass the bar and become accomplished lawyers. If a reply is For example. (d) Preliminary Hearings. forth in the Florida Rules of Civil Procedure.9 Company B added the necessary material called for in the note to the form, i.e., the date of the release (which the form presumes is a written release), attaching and incorporating same to the defenses consistent with Rule 1.130(a), Florida Rules of Civil Procedure. Unenforceability under the statute of frauds. In this case, the remedy of the plaintiff would depend on whether the dismissal is with or without prejudice. See also, Bliss v. Carmona, 418 So. srq 0000004933 00000 n There are, however, some specific instructions that deal with issues unique to certain professions, such as instruction 402.4(d) (missing medical records) and instruction 402.12 (issues involved in certain legal malpractice claims). endobj For cases involving allegations of negligence of professions other than medical or legal, instructions 402.11(a) and (b) and 402.12(a) and (b) should be appropriately modified. counterclaim within 20 days after service of the counterclaim. 0000008265 00000 n The following Model Jury Instructions are included to illustrate the use of Florida Standard Jury Instructions. The Committee will consider bringing forth a revised set of instructions in the future. real estate Florida Bar-approved continuing legal education. For those litigating in federal courts, the rule is nothing new; in fact, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim. 3. Champion, at 2122 (Alderman, J., concurring specially). 0 required, but the following defenses may be made by motion at the option of the [1] These are the following: 3. "d 8Rx Dh9 w]F ,a8K^ZW#WeZ2J(3J]XP7.Q-aqwdB*E:ty(U?wW9dPd@vtvtyF)$Nec*`v>. W#qGt^`?=!g1 %Cg` G] hb```HNAd`0p,+jbcH```||!/]a+c9B'dXra"LP[Ph#"ADH0v ;KNTg`ZH 1?`_mc`e`I` served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license - you . (Section 1[g], Rule 41, Rules of Civil Procedure). (Section 5, Rule 6, Rules of Civil Procedure). [3] This procedural device is provided for in Section 16, Rule 16 of the 1997 Rules of Civil Procedure. V9@&Thx!+@tVbMH(Nl[d20 c`8 P$k66?Gv,ykspd`:; H007E~o0 | In other words, [t]he plaintiff is not bound to prove that the affirmative defense does not exist. State Farm Mut. Disclaimer: The Florida Rules of Civil Procedure have been reproduced here in their entirety and are being provided as a courtesy and free of charge. awJ][xt9"9[8aNS8c%$Vx%1{!XbI)SdOIr%H|b>CAr(Eq.rQWQ\B|TJ:>EXzC],>_M+ , 0000060863 00000 n cardholder agreement 0000017233 00000 n pleadings must be served within 10 days after service of the more definite statement jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (e) Effect of Failure to Deny. 9 0 obj Because of this condition, the defendant: Did not know what he or she was doing or its consequences; or. 6. The tort of intentional infliction of emotional distress is recognized in Florida. A motion making any of these responses must be made before pleading if a further pleading is permitted. The Group B affirmative defenses are those mentioned in Section 5(b), Rule 6 of the Rules of Civil Procedure. More Focus and Attention to Each Matter than the Small Firms. Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." Chapter 7 <> The Group B affirmative defenses are those mentioned in Section 5 (b), Rule 6 of the Rules of Civil Procedure. 2d 768, 771 (Fla. 4th DCA 2003) (quotation omitted). Failure to comply with a condition precedent. must be served within 10 days of service of the pleadings or statements. Affirmative defenses do not simply deny the facts of the opposing partys claim. As to the right to trial by jury, seeFox v. City of Pompano Beach, 984 So. Model form of verdict for emergency medical treatment; no issue as to the applicability of F.S. Form 1.986(a). 6. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a Remedy from the denial of an affirmative defense. In other words, certainty is required when pleading defenses, and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient. Thompson v. Bank of N.Y., 862 So. A party may move to strike or the As to the right to trial by jury, see Fox v. City of Pompano Beach, 984 So. If a party makes a motion under this rule but omits from it any responses or objections then available to that party that this rule permits to be raised by motion, that party shall not thereafter make a motion based on any of the responses or objections omitted, except as provided in subdivision (h)(2). pleadings are closed, but within such time as not to delay the trial, any party PARTIES 4. 2d DCA Section 800 Supplemental Matters, Qualification Instructions; revised December 4, 2014. 403 Products Liability Instructions contains all instructions outlined below. contracts Under the Florida Rules of Civil Procedure, a party is not required to reply to the opposing party's affirmative defenses merely to deny them. (1) A party waives all responses and objections that the party does not present either by motion under subdivisions (b), (e), or (f) or, if the party has made no motion, in a responsive pleading except as provided in subdivision (h)(2). Purported affirmative defenses that do not satisfy this test are properly stricken. after the filing of the order or such other time as the court may fix, the 3d 1071, 1079 (Fla. 2014) (quotation omitted). Historically, a general verdict on compensatory damages was considered appropriate, and that is the only form of verdict provided in the Florida Rules of Civil Procedure. account stated (1) Unless a different time is prescribed in a statute of (1)Unless a different time is prescribed in a statute of Florida, a respondent must serve a response within 20 days after service of original process and the initial pleading on the respondent, or not later than the date fixed in a notice by publication. All persons are presumed to be sane. as is Nonetheless, it is believed that this procedural device may still be availed of under the 2020 Rules. 0000008832 00000 n If a pleading to H\j0EY&CqijY_'P#{3&>k8wxHR0(yl;ab+E `u)5DNCQ66EL8y47f.FGh0 Better Legal Talent and Quality Work than the Large Firms. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. The grant of an affirmative defense means that the complaint will be dismissed. While every effort has been made to ensure the accuracy of these rules as of the date reproduced herein, these rules are provided with no guaranty or warranty, whatsoever, as to accuracy or currentness. which the adverse party is not required to serve a responsive pleading, the and with particularity in the responsive pleading or motion. These instructions should not be given if the plaintiff suffered an impact of any type. Fraud. H\n@=O1dK%i$/} )R&}pD*a>]-]M1}1]ckzbQkhmN(2?*?4^=>ip{}SP:0|;R(e6C^9uHbs.IK:^.Rw1rs9OMs5lKyyesk/9s|K+b`^ 5rd,tF83;2Hs9aOOEGxGxGxGxGxGXOA=SXOA=fYYOE=fYiVfYiVfYiVfYiVfYiVNXCC 1x1xn%2=c={k. In football, when a team is up by only a few points and has the ball. endobj The person served with the summons and third-party complaint, herein called the third-party defendant, shall make defenses to the defendant's claim as provided in rules 1.110 and 1.140 and counterclaims against the defendant and crossclaims against other third-party defendants as provided in rule 1.170. for judgment on the pleadings or a motion to strike under subdivision (f), 4. My passion is to teach law and help law students achieve their utmost potential. Payment (extinction of the claim or demand). & Loan, Inc., 528 So. A party who makes a motion (Section 6, Rule 15 of the Rules of Civil Procedure). I'm a partner at the Riguera & Riguera Law Office and a Review Director and Senior Coach at the Jurists Bar Review Center. Remedy from the grant of an affirmative defense. The responses in subdivisions (b)(1)(b)(7), whether made in a pleading or by motion, and the motion for judgment in subdivision (c) must be heard and determined before trial on application of any party unless the court orders that the hearing and determination will be deferred until the trial. the date fixed in a notice by publication. hbbd``b`$jS+`5! commercial lease 760.01760.11. the motion is granted and the order of the court is not obeyed within 10 days ~ From the Rules Regulating The Florida Bar, Florida's Standards for Imposing Lawyer Sanctions, Entire Set of Civil Jury Instructions, Word, Entire Set of Civil Jury Instructions, PDF, Section 600: Substantive Instructions General, Appendix C Punitive Damage Instructions, Appendix E Emergency Medical Treatment Claims Instructions for Causes of Action Arising prior to September 15, 2003, The Theory and Technique of Charging a Jury with These Instructions, Original Introduction from Inaugural Committee, Orders of the Supreme Court Creating and Revising These Instructions, Members of the Committee Since Its Inception, 201.2 Introduction of Participants and Their Roles, 201.3 Explanation of the Voir Dire Process, 202.5 Jury to Be Guided by Official English Translation/Interpretation, 301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions, 301.2 Instruction when First Item of Documentary, Photographic, or Physical Evidence Is Admitted, 301.3 Instruction when Evidence Is First Published to Jurors, 301.4 Instruction Regarding Visual or Demonstrative Aids, 301.5 Evidence Admitted for a Limited Purpose, 301.6 Jury to Be Guided by Official English Translation Interpretation, 301.7 Jury to Be Guided by Official English Transcript of Recording in Foreign Language (Accuracy Not in Dispute), 301.8 Jury to Be Guided by Official English Translation/Interpretation Transcript of Recording in Foreign Language (Accuracy in Dispute), 301.11 Failure to Maintain Evidence or Keep a Record, 408 Tortious Interference with Business Relationships, 410 Outrageous Conduct Causing Severe Emotional Distress, 413 Claim for Personal Injury Protection (PIP) Benefits (Medical Benefits only), 414 Intentional Tort As an Exception to Exclusive Remedy of Workers Compensation, 418 Unlawful Retaliation Under Floridas Public Sector Whistle-Blower Act, 420 Negligent Infliction of Emotional Distress, 451 Fiduciary Duty (Shared with Contract and Business), 401.8 Violation of Non-Traffic Penal Statute as Negligence per Se, 401.9 Violation of Statute, Ordinance, or Regulation as Evidence of Negligence, 401.10 Equal and Reciprocal Rights of Motorists and Pedestrians, 401.14 Preliminary Issues Vicarious Liability, 401.15 Preliminary Issues Common Carrier, 401.16 Preliminary Issues Premises Liability, 401.17 Burden of Proof on Preliminary Issues, 401.18 Issues on Plaintiffs Claim General Negligence, 401.19 Issues on Plaintiffs Claim Common Carrier, 401.20 Issues on Plaintiffs Claim Premises Liability, 401.24 Counterclaims, Cross Claims, and Third Party Claims, 402.7 Legal Cause (Treatment Without Informed Consent), 402.9 Preliminary Issues Vicarious Liability, 402.10 Burden of Proof on Preliminary Issues, 402.12 Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation, 403.5 Implied Warranty of Merchantability, 403.6 Implied Warranty of Fitness for Particular Purpose, 403.11 Inference of Product Defect or Negligence, 403.14 Burden of Proof on Preliminary Issue, 403.16 Issues on Crashworthiness and Enhanced Injury Claims, 404.4 Insurers Bad Faith (Failure to Settle), 404.5 Medical Malpractice Insurers Bad Faith Failure to Settle, 404.9 Concluding Instruction when Court to Award Damages, 404.10 Damages (Cases with Claims for Mental Distress), 404.11 Burden of Proof on Mental Distress Claim, 406.6 Instituting or Continuing a Proceeding, 408.5 Issues on Plaintiffs Claim Interference with Contract not Terminable at Will, 408.6 Issues on Plaintiffs Claim Interference with Business Relations or with Contract Terminable at Will, 408.8 Affirmative Defense Financial Interest, 409.7 Issues on Plaintiffs Claim Fraudulent Misrepresentation, 409.8 Issues on Plaintiffs Claim Negligent Misrepresentation, 409.9 Issues on Plaintiffs Claim False Information Negligently Supplied for the Guidance of Others, 412.1 Contribution Sought by Cross-Claims Between Defendant Tortfeasors in Injured Partys Original Action, 412.2 Contribution Sought by Third Party Claim in Injured Partys Original Action, 412.3 Introduction for Independent Contribution Claim, 412.8 Issues on Claim and Burden of Proof, 415.4 Retaliation; Adverse Employment Action, 415.8 Preliminary Issue Adverse Employment Action, 415.9 Burden of Proof on Preliminary Issue, 415.13 Defense Issue on Damages (Mitigation-Discharge), 415.14 Reduction of Damages to Present Value, Standard Jury Instructions in Contracts and Business Cases, 417.4 Discrimination Disparate Treatment, 417.10 Affirmative Defense Failure to Mitigate Lost Wages, 417.11 Affirmative Defense After-Acquired Evidence, 417.12 Reduction of Damages to Present Value, 418.5 Preliminary Issue Adverse Employment Action, 418.6 Burden of Proof on Preliminary Issue, 418.12 Defense Issue Adverse Employment Action Based on Other Grounds, 418.14 Defense Issue on Damages (Mitigation Discharge), 418.15 Reduction of Damages to Present Value, 451.4 Existence of Fiduciary Duty Disputed, 451.8 Preliminary Issue Vicarious Liability, 451.9 Burden of Proof on Preliminary Issues, 451.14 Model Form of Verdict for Breach of Fiduciary Duty, 501.1 Personal Injury and Property Damages: Introduction, 501.2 Personal Injury and Property Damages: Elements, 501.4 Comparative Negligence, Non-Party Fault and Multiple Defendants, 501.5 Other Contributing Causes of Damages, 501.7 Reduction of Damages to Present Value, 502.1 Wrongful Death Damages: Introduction, 502.2 Wrongful Death Damages: Elements for Estate and Survivors, 502.3 Wrongful Death Damages of Estate and Survivors: Separate Awards for Estate and Survivors, 502.4 Wrongful Death Damages: Elements when There Are No Survivors, 502.5 Comparative Negligence, Non-Party Fault, and Multiple Defendants, 502.7 Reduction of Damages to Present Value, 503.1 Punitive Damages Bifurcated Procedure, 503.2 Punitive Damages Non-Bifurcated Procedure, 601.3 Jury to Be Guided by Official English Translation/Interpretation, 601.4 Multiple Claims, Numerous Parties, Consolidated Cases, 601.5 Concluding Instruction (Before Final Argument), 801.1 Juror Questions During Deliberations, 801.4 Instructions upon Discharge of Jury, Model form of verdict for general negligence with apportionment of fault, 2(a).

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