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alters these periods of time so that if the court denies the motion or Florida Rules of Court Procedure To purchase a print copy of the Florida Rules of Procedure, go to the LexisNexis bookstore. PDF DEFENDANT - The Florida Bar 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. 0000005570 00000 n Ins. See, e.g., Cady 528 So. 2d 503, 504 (Fla. 4th DCA 2003) (affirmative defenses are waived if not pled); Goldberger v. Regency Highland Condo. See Rule 1.190(h), Florida Rules of Civil Procedure. 2. 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. (c) Motion for Judgment on the Pleadings. any pleading at any time. 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. (Section 13, Rule 15, Rules of Civil Procedure). Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 12.140, provided this shall not limit amendments under rule 12.190 even if such grounds are sustained. or, if the court grants a motion for a more definite statement, the responsive The defense 0000012536 00000 n 0000000016 00000 n prevailing party 448.101105 (Floridas private-sector whistle-blower provisions). An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. 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. Aristotle. order as it deems just. 0000001945 00000 n Rule 1.110 - GENERAL RULES OF PLEADING, Fla. R. Civ. P. 1.110 These Model Instructions are provided only as examples of how the instructions are intended to be used. The tort of negligent infliction of emotional distress is recognized in Florida. debtor (4) If the court permits or requires an amended or affirmative defenses to breach of fiduciary duty florida. 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. The following Model Verdict forms are included as examples of how issues can be submitted to the jury. affirmative defenses to breach of fiduciary duty florida Affirmative Defenses In Florida Ewusiak Law Affirmative Defenses Florida -- what you need to know The instructions in this section are based upon F.S. H\@)rb'U!@.dJ\' Florida Rules of Court Procedure - The Florida Bar 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 (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. 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). 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. 7 0 obj account stated b))dY2rxKeJV&u\Y')bJvI#re v\Mg lrUAMJ;U <> 0000005047 00000 n Better Legal Talent and Quality Work than the Large Firms. 0000013798 00000 n Distinction between Group A and Group B affirmative defenses. startxref Thus, in a suit against the defendant for the enforcement of a promissory note, the defendant may specifically deny the allegation in the complaint that he executed the promissory note. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. V9@&Thx!+@tVbMH(Nl[d20 c`8 P$k66?Gv,ykspd`:; H007E~o0 | trailer 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. (g) Consolidation of Defenses. 3d 1071, 1079 (Fla. 2014) (quoting St. Paul Mercury Ins. You have to decide: do you go for it, or punt and trust your defense? Well, understanding affirmative defenses is an often overlooked part of probate and trust litigation. Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection. 10. <<9F03061B6BCCCB44A48A70020AC9FACE>]/Prev 194967/XRefStm 1612>> 0000002785 00000 n (Section 1[g], Rule 41, Rules of Civil Procedure). Section 800 Supplemental Matters, Qualification Instructions; revised December 4, 2014. The plaintiffs motion can hardly be characterized as dilatory, unlike the defendants motion for reconsideration of the denial of an affirmative defense. Model form of verdict for wrongful death damages, 3(a). When you receive a copy of the complaint, you have, You can read more about timetables and how a case proceeds by reading the, Check out Florida Rule of Civil Procedure 1.140. trial on application of any party unless the court orders that the hearing and Self-defense,entrapment,insanity,necessity, andrespondeat superiorare some examples of affirmative defenses. These instructions should not be given if the plaintiff suffered an impact of any type. 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 . (LogOut/ %PDF-1.4 0000044533 00000 n Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. 2d 17 (Fla. 1985); Zell v. Meek, 665 So. <>/MediaBox[ 0 0 612 792]/Resources<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/StructParents 207/Tabs/S>> What Is an Affirmative Defense? - FindLaw endobj P. 1.110(d). contracts %PDF-1.4 % property appraiser Responses to the pleadings or statements Statutes & Constitution :View Statutes : Online Sunshine 9 0 obj Rule 8. General Rules of Pleading | Federal Rules of Civil Procedure 2023 The Florida Bar. Form 1.986(a). Auto. 5 0 obj Affirmative defenses are the type of "yea, but.." defenses. determination must be deferred until the trial. responsive pleading or a more definite statement, the pleading or statement pleadings must be served within 10 days after service of the more definite statement srq magazine pleader: (1) lack of jurisdiction over the subject matter, (2) lack of 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). 0000027068 00000 n xn0. 7. If a reply is required, the reply must be served within 20 days after service of the response. real estate 6). The tort of intentional infliction of emotional distress is recognized in Florida. (2) (A) Except when sued pursuant to section 768.28, Florida (b) How Presented. 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 . Professional negligence claims are, for the most part, similar. 448.101-105). ; Williams v. City of Minneola, 575 So.2d 683 (Fla. 5th DCA 1991); M. M. v. M. P. S., 556 So.2d 1140 (Fla. 3d DCA 1989); Ford Motor Credit Co. v. Sheehan, 373 So.2d 956 (Fla. 1st DCA 1979); Restatement (2d) of Torts, 46. 0 Estoppel. hbbd``b`$jS+`5! View more posts. These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions General, and Closing Instructions (Before Final Argument). There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. I obtained my law degree from the Ateneo de Manila School of Law. 0000006973 00000 n 0000022033 00000 n (Section 12[d], Rule 8, Rules of Civil Procedure). It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. If a party makes a motion under this rule but omits 0000001179 00000 n move for a more definite statement before interposing a responsive pleading. Cady v. Chevy Chase Sav. 0000001798 00000 n See generally Willis v. Gami Golden Glades, LLC, 967 So. 0000029650 00000 n The new Section 12(b), Rule 8 of the Rules of Civil Procedure further provides that [f]ailure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. Taken together with Section 1 of Rule 9, it is believed that an affirmative defense not set up in the original answer can no longer be raised in an amended answer if such defense was existing or available at the time of the filing of the original answer. See also, Bliss v. Carmona, 418 So. These are: 4. (e)Effect of Failure to Deny. DO NOT, therefore, rely on the Model Instructions for correct wording when preparing instructions. The instructions for an independent action for contribution begin with instruction 412.3. The hypothetical admission made by a defendant in an affirmative defense is not actually an admission but an assumption for purposes only of argument. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense. FLORIDA RULES OF CIVIL PROCEDURE - Battaglia Law, PLLC pleadings must be served within 10 days after the filing of the courts order 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. Unenforceability under the statute of frauds. The court may, in the exercise of its discretion and if deemed necessary for its resolution, call a hearing on the motion. The book provides useful forms for each affirmative . If a professional malpractice case involves a claim of product defect, jury instructions for such claims should be adopted from the applicable sections of this book. (Section 1, Rule 9, Rules of Civil Procedure). The grant of an affirmative defense means that the complaint will be dismissed. 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. Model form of verdict for emergency medical treatment; issues as to both applicability of F.S. 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. See Fla.R.Civ.P. 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. P. 1.140(b). Section 600: Substantive Instructions General Discussion of the defenses include information on elements, notable authority, jury instructions, and more. 0000008832 00000 n %PDF-1.5 % This section was unfortunately not re-enacted in the present Rules of Civil Procedure. Fla. July 28, 2008) (right to jury trial pursuant to the private-sector whistle-blowers provisions,F.S. (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. closings 2d 768, 771 (Fla. 4th DCA 2003) (quotation omitted). The burden of proof on an affirmative defense rests with the defendant who raises the defense. These instructions are in proper form for use in negligence actions. stated must be deemed to be waived except any ground showing that the court 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. DEFENSES. original process and the initial pleading on the defendant, or not later than 0000062657 00000 n See, e.g., JoJos Clubhouse, Inc. v. DBR Asset Mgmt., Inc., 860 So. (a) When Presented. The committee made arbitrary decisions about various factors involved in each hypothetical case, and the Model Instructions are not intended to be incorporated entirely into a courts instruction. based on any of the defenses or objections omitted, except as provided in 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.). 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. In fact, under Rule . F.S. The grounds on which any of the enumerated responses are based and the substantial matters of law intended to be argued must be stated specifically and with particularity in the responsive pleading or motion. (a) When Presented. Affirmative defenses are the type of yea, but.. defenses. 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. The remedy of the plaintiff then is to file the appropriate special civil action under Rule 65. [1] These are the following: 3. endstream endobj 282 0 obj <>stream Notably, a motion for more definite statement under Rule 1.140(e), Florida Rules of Civil Procedure, that is not concurrent with, or accompanied by a motion on the defenses or objections of Rule 1.140(b), Florida Rules of Civil Procedure, risks waiver of those Rule 1.140(b) defenses, if any.15 Therefore, the best practice is srq 2d 1017, 1019 (Fla. 3d DCA 1982) (internal citations omitted) (Certainty is required when pleading defenses and claims alike, and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient.); Walker v. Walker, 254 So. Click the icon above to call Gulisano Law now for a free consultation. endobj (c) Motion for Judgment on the Pleadings. 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. 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.). adverse party may assert any defense in law or fact to that claim for relief at under this rule may join with it the other motions herein provided for and then (e) Motion for More Definite Statement. Model form of verdict for non-bifurcated punitive damage cases, 4. available to that party. SECOND AFFIRMATIVE DEFENSE The Association failed to properly serve the Complaint on Ms. Durrett in violation of the Florida Rules of Civil Procedure. As to the right to trial by jury, see Fox v. City of Pompano Beach, 984 So. (Section 12[e], Rule 8, Rules of Civil Procedure). A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. Statutes, the state of Florida, an agency of the state, or an officer or The hypothetical facts upon which each instruction is based are set forth before the instruction. 0000015289 00000 n If a pleading sets forth a claim for relief to and that is the only form of verdict provided in the Florida Rules of Civil Procedure. 0000010997 00000 n Metropolitan Life Insurance Co. v. McCarson, 467 So.2d 277 (Fla. 1985). The defenses 1 to 7 in subdivision If contribution is found to be appropriate in tort actions other than for negligence (but see the title to Ch. For example. (1) A party waives all defenses and objections that the & Loan Assoc., 318 So. Florida Bar-approved continuing legal education. action, and (7) failure to join indispensable parties. Being an aggressive litigator is what a lot of clients want. after service of the answer or reply. party does not present either by motion under subdivisions (b), (e), or (f) of The plaintiff must serve an answer to a 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; Here, the court may defer resolution of the defense of prescription to the trial proper. A Primer on Florida's New Summary Judgment Standard PDF RULE 1.110. GENERAL RULES OF PLEADING (a) Forms of Pleadings. Disclaimer | Sitemap | Privacy Policy |. The grounds on which any of the enumerated defenses are based and the <> The committee has, therefore, included all such claims in a single section. (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. (3) The service of a motion under this rule, except a motion 112.3187-112.31895 (Floridas public-sector whistle-blower provisions). 2 (3) If the court permits or requires an amended or responsive pleading or a more definite statement, the pleading or statement must be served within 10 days after notice of the courts action. In other words, [t]he plaintiff is not bound to prove that the affirmative defense does not exist. State Farm Mut. My passion is to teach law and help law students achieve their utmost potential. Civil Jury Instructions - The Florida Bar costs A defense is either negative or affirmative. Section 300: Evidence Instructions 419 0 obj <> endobj A notice of related cases, form 12.900(h), must be filed in conformity with Florida Rule of General Practice and Judicial Administration 2.545(d). Change), You are commenting using your Facebook account. 33401, 2023 by Pankauski Lazarus PLLC. 2d 311, 313 (Fla. 5th DCA 1985). 4 0 obj 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. 2d 583, 585 (Fla. 4th DCA 1984) (noting that failure to plead an affirmative defense waives that defense); Wooten, 327 So. They are a potent procedural weapon to defeat or diminish the plaintiffs claim or claims. I've authored two law books, "Primer-Reviewer on Remedial Law, Vols. Respondents' Affirmative Defenses do not constitute an avoidance or affirmative defense under Rule 1.110, Rules of Civil Procedure. Payment (extinction of the claim or demand). defense or to join an indispensable party may be raised by motion for judgment Defendant is a consumer borrower residing in Jacksonville, Duval County, . 4. However, the affirmative defense known as laches was the topic of a prior article. 0000011111 00000 n (e)Effect of Failure to Deny. An affirmative defense is a defense which admits the cause of action [asserted in the plaintiffs complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability. State Farm Mut. 10. (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. (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). [] Raising an affirmative defense does not prevent a party from also raising other defenses. endstream endobj 460 0 obj <>/Filter/FlateDecode/Index[34 385]/Length 35/Size 419/Type/XRef/W[1 1 1]>>stream <> 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. Model form of verdict for bifurcated punitive damage cases, 3(b). In doing so, a defendant must identify the nonperformance or nonoccurrence of conditions precedent with specificity. "d 8Rx Dh9 w]F ,a8K^ZW#WeZ2J(3J]XP7.Q-aqwdB*E:ty(U?wW9dPd@vtvtyF)$Nec*`v>. W#qGt^`?=!g1 %Cg` G] 1 & 2 (2022 ed.)" Failure to comply with a condition precedent. A motion making any of ~ 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).
