Fla. Fam. L. R. P. 12.431

RULE 12.431

JURY TRIAL

(a) Generally. In those family law cases in which a jury trial

is available, this rule governs those proceedings.

(b) Questionnaire.

(1) The circuit court may direct the authority charged

by law with the selection of prospective jurors to furnish each

prospective juror with a questionnaire in the form approved by the

supreme court from time to time to assist the authority in selecting

prospective jurors. The questionnaire must be used after the names

of jurors have been selected as provided by law but before

certification and the placing of the names of prospective jurors in

the jury box. The questionnaire must be used to determine those

who are not qualified to serve as jurors under any statutory ground

of disqualification.

(2) To assist in voir dire examination at trial, any court

may direct the clerk to furnish prospective jurors selected for

service with a questionnaire in the form approved by the supreme

court from time to time. The prospective jurors shall be asked to

complete and return the forms. Completed forms may be inspected

in the clerk’s office and copies must be available in court during the

voir dire examination for use by parties and the court.

(c) Examination by Parties. The parties have the right to

examine jurors orally on their voir dire. The order in which the

parties may examine each juror is determined by the court. The

court may ask such questions of the jurors as it deems necessary,

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but the right of the parties to conduct a reasonable examination of

each juror orally must be preserved.

(d) Challenge for Cause.

(1) On motion of any party, the court must examine

any prospective juror on oath to determine whether that person is

related, within the third degree, to (A) any party, (B) the attorney of

any party, or (C) any other person or entity against whom liability or

blame is alleged in the pleadings, or is related to any person alleged

to have been wronged or injured by the commission of the wrong for

the trial of which the juror is called, or has any interest in the

action, or has formed or expressed any opinion, or is sensible of any

bias or prejudice concerning it, or is an employee or has been an

employee of any party or any other person or entity against whom

liability or blame is alleged in the pleadings, within 30 days before

the trial. A party objecting to the juror may introduce any other

competent evidence to support the objection. If it appears that the

juror does not stand indifferent to the action or any of the foregoing

grounds of objection exists or that the juror is otherwise

incompetent, another must be called in that juror’s place.

(2) The fact that any person selected for jury duty from

bystanders or the body of the county and not from a jury list

lawfully selected has served as a juror in the court in which that

person is called at any other time within 1 year is a ground of

challenge for cause.

(3) When the nature of any action requires a knowledge

of reading, writing, and arithmetic, or any of them, to enable a juror

to understand the evidence to be offered, the fact that any

prospective juror does not possess the qualifications is a ground of

challenge for cause.

(e) Peremptory Challenges. Each party is entitled to 3

peremptory challenges of jurors, but when the number of parties on

opposite sides is unequal, the opposing parties are entitled to the

same aggregate number of peremptory challenges to be determined

on the basis of 3 peremptory challenges to each party on the side

with the greater number of parties. The additional peremptory

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challenges accruing to multiple parties on the opposing side must

be divided equally among them. Any additional peremptory

challenges not capable of equal division must be exercised

separately or jointly as determined by the court.

(f) Exercise of Challenges. All challenges must be

addressed to the court outside the hearing of the jury in a manner

selected by the court so that the jury panel is not aware of the

nature of the challenge, the party making the challenge, or the

basis of the court’s ruling on the challenge, if for cause.

(g) Swearing of Jurors. No one may be sworn as a juror

until the jury has been accepted by the parties or until all

challenges have been exhausted.

(h) Alternate Jurors.

(1) The court may direct that 1 or 2 jurors be

impaneled to sit as alternate jurors in addition to the regular panel.

Alternate jurors in the order in which they are called must replace

jurors who have become unable or disqualified to perform their

duties before the jury retires to consider its verdict. Alternate jurors

must be drawn in the same manner, have the same qualifications,

be subject to the same examination, take the same oath, and have

the same functions, powers, facilities, and privileges as principal

jurors. An alternate juror who does not replace a principal juror

must be discharged when the jury retires to consider the verdict.

(2) If alternate jurors are called, each party is entitled

to 1 peremptory challenge in the selection of the alternate juror or

jurors, but when the number of parties on opposite sides is

unequal, the opposing parties are entitled to the same aggregate

number of peremptory challenges to be determined on the basis of 1

peremptory challenge to each party on the side with the greater

number of parties. The additional peremptory challenges allowed

under this subdivision may be used only against the alternate

jurors. The peremptory challenges allowed under subdivision (e)

may not be used against the alternate jurors.

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(i) Interview of a Juror. A party who believes that grounds

for legal challenge to a verdict exist may move for an order

permitting an interview of a juror or jurors to determine whether

the verdict is subject to the challenge. The motion must be served

within 10 days after rendition of the verdict unless good cause is

shown for the failure to make the motion within that time. The

motion must state the name and address of each juror to be

interviewed and the grounds for challenge that the party believes

may exist. After notice and hearing, the trial judge must enter an

order denying the motion or permitting the interview. If the

interview is permitted, the court may prescribe the place, manner,

conditions, and scope of the interview.

(j) Communication with the Jury. This rule governs all

communication between the judge or courtroom personnel and

jurors.

(1) Communication to be on the Record. The court must

notify the parties of any communication from the jury pertaining to

the action as promptly as practicable and in any event before

responding to the communication. Except as set forth below, all

communications between the court or courtroom personnel and the

jury must be on the record in open court or must be in writing and

filed in the action. The court or courtroom personnel must note on

any written communication to or from the jury the date and time it

was delivered.

(2) Exception for Certain Routine Communication. The

court may, by pretrial order or by statement on the record with

opportunity for objection, set forth the scope of routine ex parte

communication to be permitted and the limits imposed by the court

with regard to such communication.

(A) Routine ex parte communication between the

bailiff or other courtroom personnel and the jurors, limited to juror

comfort and safety, may occur off the record.

(B) In no event shall ex parte communication

between courtroom personnel and jurors extend to matters that

may affect the outcome of the trial, including statements containing

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any fact or opinion concerning a party, attorney, or procedural

matter or relating to any legal issue or lawsuit.

(3) Instructions to Jury. During voir dire, the court must

instruct the jurors and courtroom personnel regarding the

limitations on communication between the court or courtroom

personnel and jurors. Upon empanelling the jury, the court must

instruct the jurors that their questions are to be submitted in

writing to the court, which will review them with the parties and

counsel before responding.

(4) Notification of Jury Communication. Courtroom

personnel must immediately notify the court of any communication

to or from a juror or among jurors in contravention of the court’s

orders or instructions, including all communication contrary to the

requirements of this rule.