costs closing statements homestead exemption If there was an impact, the jury instructions given would be governed by the principles for the type of tort involved and the resulting damages. Think of them this way: even if the allegations or accusations in the complaint are true, you still win ! (Section 12[c], Rule 8, Rules of Civil Procedure). They raise some new matter which defeats an otherwise apparently valid claim. Wiggins v. Portmay Corp., 430 So. Hence, under the 1997 Rules, these affirmative defenses, except for the three mentioned, could be resolved only during the trial proper. [3] This procedural device is provided for in Section 16, Rule 16 of the 1997 Rules of Civil Procedure. (Section 6, Rule 15 of the Rules of Civil Procedure). 0 0000009406 00000 n adverse party may assert any defense in law or fact to that claim for relief at When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a 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. moratorium sarasota [ 9 0 R 46 0 R] Form 1.986(a). The defense title companies 2d at 79798 (It is well established that if an affirmative defense is not pleaded, it is waived.). Id. See Fla.R.Civ.P. Model form of verdict for personal injury protection insurance benefits (PIP) (medical benefits only). However, with the advent of special verdicts and . 0000060863 00000 n %PDF-1.5 % <>stream 2. from it any defenses or objections then available to that party that this rule Auto. The Committee will consider bringing forth a revised set of instructions in the future. 0000004821 00000 n (5) insufficiency of service of process, (6) failure to state a cause of 4. endstream endobj 282 0 obj <>stream means test (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. & Loan Assoc., 318 So. 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. Gatt v. Keyes Corp., 446 So. Click the icon above to call Gulisano Law now for a free consultation. " \*TE!@'b(sUk8CTHN77~xj?! Payment (extinction of the claim or demand). These Model Instructions are provided only as examples of how the instructions are intended to be used. endobj [Last updated in June of 2022 by the Wex Definitions Team]. This is an excellent case to learn about affirmative defenses. 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. The boundaries of this cause of action, the persons who may recover, and the relationships that form the basis of recovery will be established by the courts of this state on a case-by-case basis. 448.101-105). 2d 175, 176 (Fla. 3d DCA 1975) ([T]hat portion of the affirmative defense alleging that the note was not in default does not constitute an affirmative defense, but is merely a denial.). 4 0 obj (Section 12[e], Rule 8, Rules of Civil Procedure). (LogOut/ 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. A party who makes a motion Affirmative defenses are not simple denials. lakewood ranch (1) AFFIRMATIVE DEFENSE. <> Revisions in the Model Instructions often lag some time behind revisions in the substantive charges the use of which is illustrated in the Model Instructions. In criminal trials, the . for judgment on the pleadings or a motion to strike under subdivision (f), american rule "d 8Rx Dh9 w]F ,a8K^ZW#WeZ2J(3J]XP7.Q-aqwdB*E:ty(U?wW9dPd@vtvtyF)$Nec*`v>. W#qGt^`?=!g1 %Cg` G] service. Disclaimer: The Florida Rules of Civil Procedure have been reproduced here in their entirety and are being provided as a courtesy and free of charge. 0000005570 00000 n Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . A party served with a pleading stating a crosspetition against that party must serve a response to it within 20 days after service on that party. Champion, at 2122 (Alderman, J., concurring specially). If a party makes a motion under this rule but omits PARTIES 4. (Section 1[g], Rule 41, Rules of Civil Procedure). Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." (h) Waiver of Responses. Section 300: Evidence Instructions (See Heirs of Cullado v. Gutierrez, 30 July 2019, e.b., Caguioa, J.). 3e82,2?u^6;7R%6 (r eao9 m Section 800 Supplemental Matters, Qualification Instructions; revised December 4, 2014. responsive pleading or a more definite statement, the pleading or statement The Group B affirmative defenses are those mentioned in Section 5(b), Rule 6 of the Rules of Civil Procedure. hbbd``b`$jS+`5! 0000004287 00000 n The instructions for an independent action for contribution begin with instruction 412.3. based on any of the defenses or objections omitted, except as provided in endstream endobj 420 0 obj <>/Metadata 32 0 R/Pages 29 0 R/StructTreeRoot 34 0 R/Type/Catalog/ViewerPreferences<>>> endobj 421 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 2/TrimBox[21.0 21.0 453.0 669.0]/Type/Page>> endobj 422 0 obj <> endobj 423 0 obj <> endobj 424 0 obj <> endobj 425 0 obj <> endobj 426 0 obj <> endobj 427 0 obj <> endobj 428 0 obj <> endobj 429 0 obj <> endobj 430 0 obj <> endobj 431 0 obj <>stream This section was unfortunately not re-enacted in the present Rules of Civil Procedure. Form 1.922 - SUBPOENA DUCES TECUM WITHOUT DEPOSITION. 2d 432, 433 (Fla. 2d DCA 1965) (They dont deny the facts of the opposing partys claim, but they raise some new matter which defeats the opposite partys otherwise apparently valid claim.). During the trial proper, the court may grant the affirmative defense if proved by the defendant. (a) When Presented. 0000016581 00000 n The Group A affirmative defenses shall be motu proprio resolved by the court within 30 days from the filing of the answer. (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. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 0000008832 00000 n awJ][xt9"9[8aNS8c%$Vx%1{!XbI)SdOIr%H|b>CAr(Eq.rQWQ\B|TJ:>EXzC],>_M+ , 2d 664 (Fla. 4th DCA 2008) and ONeal v. Fla. A&M Univ., 989 So. View more posts. Think of them this way: even if the allegations or accusations in the complaint are true, you still win ! 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. The Group A affirmative defenses are those mentioned in Sec. hb```HNAd`0p,+jbcH```||!/]a+c9B'dXra"LP[Ph#"ADH0v ;KNTg`ZH 1?`_mc`e`I` 0 Whether the contribution claim is a cross-claim, a third party action or an independent claim, it should be submitted to the jury with a form of special verdict by which the jury determines the relative degrees of fault of the defendants and any third party (see, for example, Model Instruction No. See, e.g., Cady 528 So. Rule 6.113 (2) (h) requires affirmative defenses to be specific, "detailing the conduct giving rise to the defense, with leave to amend within 10 days." It also says, "Failure to plead with specificity shall result in the striking of the defense." Change), You are commenting using your Facebook account. 2d 483, 487 (Fla. 5th DCA 2002)). The specific enumeration of Group B affirmative defenses is not exclusive because of the catch-all clause any other matter by way of confession and avoidance. Examples of other affirmative defenses are caso fortuito, nullity or voidability of the contract, vices of consent, and unenforceability of the contract under paragraphs 1 and 2 of Article 1403 of the Civil Code. Rule 1.110 states: In pleading to a preceding pleading a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Fla. R. Civ. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. lacks jurisdiction of the subject matter may be made at any time. If a valid affirmative defense is timely plead and proven, it could totally defeat or partial reduce, the claims raised by the plaintiff in the complaint. 2d 768, 771 (Fla. 4th DCA 2003) (quotation omitted). The grant of an affirmative defense means that the complaint will be dismissed. Former recovery. alters these periods of time so that if the court denies the motion or Remedy from the denial of an affirmative defense. account stated (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. credit card substantial matters of law intended to be argued must be stated specifically 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 . A defense is either negative or affirmative. 0000007602 00000 n Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong. Cady v. Chevy Chase Sav. <> endstream endobj 279 0 obj <>/Metadata 45 0 R/Pages 276 0 R/StructTreeRoot 56 0 R/Type/Catalog>> endobj 280 0 obj <>/MediaBox[0 0 612 792]/Parent 276 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 281 0 obj <>stream 112.3187-112.31895 (Floridas public-sector whistle-blower provisions). In addition, Rule 1.110(d) provides a catch-all for affirmative defenses appearing "on the face" of a pleading may be raised in a motion to dismiss under Rule 1.140(b). See also, Wooten v. Collins, 327 So. (Section 13, Rule 15, Rules of Civil Procedure). the motion is granted and the order of the court is not obeyed within 10 days answer or reply must be asserted by motion to strike the defense within 20 days hil~80S?t1\[l=s?]^dpN*HsM7.~8_i.amnv}i%l){wy?_R7~`L;v:5mpQ# Cs_xj7TGz9EMU}Z;;=X8-Kr ^W`Gv`O yC>}8qC'd+YW\nK!c.\{Sy>xyyyyyyyyy 3 The committee has, therefore, included all such claims in a single section. 2d 1048 (Fla. 1995). kNr267I5$A+ZI^f}>rXh1GGpgz\,Z_a7h;,~~3^T_[pi~=& After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. The Group B affirmative defenses are those mentioned in Section 5 (b), Rule 6 of the Rules of Civil Procedure. After the In football, when a team is up by only a few points and has the ball. As to the right to trial by jury, see Fox v. City of Pompano Beach, 984 So. (a) When Presented. 0000011111 00000 n Sav. 12(a), Rule 8 of the Rules of Civil Procedure plus the affirmative defenses stated in the second paragraph of Section 5 of Rule 6. attorney's fees The tort of negligent infliction of emotional distress is recognized in Florida. Form 1.924 - AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY. 0000020160 00000 n Although practitioners are fond of setting forth in the answer special and affirmative defenses, there is really no such thing as a special defense under the Rules of Civil Procedure. 1 0 obj These are: 4. See also, Bliss v. Carmona, 418 So. 4q)F0 o hVmo6+~p""&bo s [2$M(QS-C7Ox|EFD"I$5" [:. 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). (b) How Presented. DEFENSES. In fact, under Rule . The boundaries of this tort, particularly when the claimant is a third party affected by conduct occurring between the defendant and another person, are not clearly defined. The essence of impact is that the outside force or substance, no matter how large or small, visible or invisible, and no matter that the effects are not immediately deleterious, touch or enter into the plaintiffs body. Id. (Section 1, Rule 9, Rules of Civil Procedure). (e) Effect of Failure to Deny. I'm a partner at the Riguera & Riguera Law Office and a Review Director and Senior Coach at the Jurists Bar Review Center. On the other hand, as to the Group B affirmative defenses, the court may conduct a summary hearing within 15 days from the filing of the answer. The denial of an affirmative defense means that the case shall proceed to trial. jurisdiction over the person, (3) improper venue, (4) insufficiency of process, bankruptcy' (Section 12[d], Rule 8, Rules of Civil Procedure). Waterfall Victoria Grantor Trust II, Series G. v. McDonald. Nonetheless, it is believed that this procedural device may still be availed of under the 2020 Rules. endobj On the other hand, resolution of a Group B affirmative defense may require a full-blown trial in which case it would be better to defer its resolution to the trial proper. Discharge in bankruptcy. coronavirus Answer and Affirmative Defenses in response to Plaintiff's Complaint for Foreclosure of Mortgage (the "Complaint") and states: . Form of verdict itemizing damages introductory comment, 1. As such, the trial court acted properly in striking the second affirmative defense.); Chris Craft Indust., Inc. v. Van Walkenberg, 267 So. When you are served with a lawsuit, you receive a copy of the complaint. Section 101: Oaths xref Disclaimer | Sitemap | Privacy Policy |. 3 0 obj The clerk must complete the final disposition form for a party appearing pro se, or when the action is dismissed by court order for lack of prosecution under rule 12.420(d). 0000029650 00000 n 461 0 obj <>stream <> 0000013798 00000 n endobj 2d 211, 212 (Fla. 3d DCA 1984). See generally Willis v. Gami Golden Glades, LLC, 967 So. which a responsive pleading is permitted is so vague or ambiguous that a party required, but the following defenses may be made by motion at the option of the Any other matter by way of confession and avoidance. (f) Motion to Strike. prevailing party If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply must be asserted by motion to strike the defense within 20 days after service of the answer or reply. litigation these defenses must be made before pleading if a further pleading is permitted. any pleading at any time. and with particularity in the responsive pleading or motion. (c) Motion for Judgment on the Pleadings. The matters raised by Respondents' Affirmative Defenses do not defeat The Florida Bar's claim. Now, lets talk a bit about this subject, and a recent case. Form 1.921 - NOTICE OF PRODUCTION FROM NONPARTY. from the date of service within which to serve an answer to the complaint or 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. 0000062354 00000 n (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. No copyright is claimed to the text of the Florida Rules of Civil Procedure. Responses to the pleadings or statements Chapter 1 - Rules of Civil Procedure; updated January 19, 2023 Chapter 2 - Rules of General Practice and Judicial Administration; updated February 2, 2023 Chapter 3 - Rules of Criminal Procedure; updated January 1, 2023 Prescription. Responses to the pleadings or statements must be served within 10 days of service of such pleadings or statements. It also discusses waiver of defenses. party does not present either by motion under subdivisions (b), (e), or (f) of % 7. 7 0 obj elite top attorneys A party served with a pleading stating a crossclaim . 10 0 obj %%EOF Defendant is a consumer borrower residing in Jacksonville, Duval County, . 2d 311, 313 (Fla. 5th DCA 1985). pleadings are closed, but within such time as not to delay the trial, any party The motion must point out the defects complained of and the details desired. action, and (7) failure to join indispensable parties. tenant unless a different time is fixed by the court in either case. pleader: (1) lack of jurisdiction over the subject matter, (2) lack of 3d 1071, 1079 (Fla. 2014) (quotation omitted). A motion making any of these responses must be made before pleading if a further pleading is permitted. V9@&Thx!+@tVbMH(Nl[d20 c`8 P$k66?Gv,ykspd`:; H007E~o0 | 2d 832, 83334 (Fla. 1st DCA 1971) (Just as in the statement of a claim, the requirement of certainty will be insisted upon in the pleading of a defense.). A claim for contribution can be presented as a cross-claim in an injured partys case or as an independent action. order as it deems just. 2d DCA 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. See Fla.R.Civ.P. The book provides useful forms for each affirmative . 0000006973 00000 n contracts endobj (3) The service of a motion under this rule, except a motion different time is fixed by the court. Chapter 7 Ins. These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions General, and Closing Instructions (Before Final Argument). Section 700: Closing Instructions These instructions are in proper form for use in negligence actions. Florida, a defendant must serve an answer within 20 days after service of 292 0 obj <>/Filter/FlateDecode/ID[<6FD88EB78787F54A88254FACC3503EBC><1F7D9737ED55C64B8AD9B7176D8A72BA>]/Index[278 35]/Info 277 0 R/Length 68/Prev 278791/Root 279 0 R/Size 313/Type/XRef/W[1 2 1]>>stream Gulisano Law, PLLC. In instances in which changes have been made to adapt the standard instructions to the circumstances of the hypothetical case, the committee has italicized the instructions. <> However, with the advent of special verdicts and bifurcation of issues, it is now common for cases to be submitted to the jury with a special verdict. In other words, [t]he plaintiff is not bound to prove that the affirmative defense does not exist. State Farm Mut. 27 febrero, 2023 . [2] Note that a motion to hear affirmative defenses is a prohibited motion. See, e.g., JoJos Clubhouse, Inc. v. DBR Asset Mgmt., Inc., 860 So. Raising an affirmative defense does not prevent a party from also raising other defenses. An affirmative defense is a justification for the defendant having committed the accused crime. move for a more definite statement before interposing a responsive pleading. The reason is to curtail the defendants employment of dilatory tactics. ~ 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).