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Filing # 100969791 E-Filed 12/31/2019 11:18:13 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR BROWARD COUNTY, FLORIDA
JAMES DURNING
Plaintiff,
CASE NO.: CACE 18-000306 (3)
vs.
DOUGLAS CHURCH,
Defendant
/
AMENDED JOINT PRE-TRIAL STIPULATION
COME NOW, the parties, by and through the undersigned counsel, and file this Joint Pre-trial
Stipulation:
1. STATEMENT OF CASE:
This case arises out of a domestic violence incident that occurred on March 30, 2016, at the
Defendants home in Wilton Manor, Florida 33334. The Plaintiff alleges that the Defendant
assaulted and battered him, causing injuries. The Defendant denies these claims.
IL. STIPULATED FACTS:
A. The incident occurred in Broward County, Florida
B. The Plaintiff and the Defendant are residents of Broward County, Florida
c. The subject ineident occurred on March 30, 2016
Il. ISSUES OF LAW AND FACT FOR DETERMINATION AT TRIAL:
A. Whether the Defendant Assaulted and/or Battered the Plaintiff
Proximate Legal Cause.
Whether Plaintiff sustained injury as a result of the incident.
The amount of damages suffered by the Plaintiff, if any.
me U fo e
Reasonableness and necessity of medical bills.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/31/2019 11:18:12 AM.*##*Iv.
VI.
VII.
Vill.
STIPULATIONS BY THE PARTIES:
A.
E.
The parties stipulate that none of the parties will be required to bring records custodians to
trial and will stipulate to the authenticity of records, reserving all other objections.
The parties agree and stipulate to the admissibility, relevancy, and authenticity of any and
all medical records and bills.
The attorneys agree that during trial they will disclose to the other side all witnesses they
intend to call the next day.
All collateral source issues, including reductions based on collateral sources and other
settlement payments and set offs for pip. shall be reserved to be resolved by the Court in
post-trial motions
Legible copies may be used instead of originals.
PEREMPTORY CHALLENGES FOR EACH PARTY:
Plaintiffs: three (3)
Defendants: three (3)
ESTIMATED TRIAL TIME:
Two to Three days.
TRIAL EXHIBITS:
A. The Plaintiffs’ Exhibit List is attached hereto as Exhibit A.
B. The Defendant has not provided a witness list at the time of this filing.
TRIAL WITNESSES:
A. The Plaintiffs’ Witness List is attached hereto as Exhibit B.
B. The Defendants Witness List is included in their Exhibit list above as Exhibit C.IX. PENDING MOTIONS:
A. None at this time
X. JURY INSTRUCTIONS AND VERDICT FORM:
A. Plaintiff's proposed jury instructions and verdict form are attached as Exhibit D.
XI. ATTORNEYS TO TRY CASE:
Plaintiff; Daniel M. Berman, Esq and Regina Tsombanakis Esq.
Defendant: George Castrataro
Dated this 31'" day of December 2019.
Berman & Tsombanakis LLC.
600 SW 4" Avenue
Fort Lauderdale, Florida 33315
Phone: (954) 764-6099
Fax: (954) 728-8882
danberman@danbermanlaw.com
Attorneys for Plaintiff
By: /s/ Daniel M. Berman
DANIEL M. BERMAN, ESQUIRE
Florida Bar No. 164127EXHIBIT “A”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR BROWARD COUNTY, FLORIDA
JAMES DURNING
Plaintiff,
CASE NO.: CACE 18-000306 (3)
vs.
DOUGLAS CHURCH,
Defendant
/
PLAINTIFF’S EXHIBIT LIST
COMES NOW, the Plaintitf, JAMES DURNING, by and through the undersigned counsel
hereby provides his Exhibit List for Trial:
4. Medica! records, reports, and bills of James Durning from the following health care
providers:
Holy Cross Hospital _
Dr. Harry Cooper/Hallandale Beach Orthopedics
Dr. Paul Meli/Meli Orthopedics
Open MRI of Miami-Dade
Akumin
~@ a0 5 D
Careplus (subrogation)
Photographs of the Plaintiff.
Photographs of the Plaintiff's clothing and person items
Written and oral statements of the Plaintiff and Defendant
ak ON
Judgement and Sentence of Douglas Church for Broward County Criminal Case
number 16003000MM10A
All resgonses to Requests for Admission.
All depositions taken in this case.
on @
All records obtained in response to Requests to Produce from either party.
9. Medica! Bilis and Summary of Medical Bills related to this accident.
10.Ail Exhibits listed by the Defendant, without waiving any objections to the same.
11, All documents exchanged between the parties in Discovery.12. All documents relied upon by experts.
13. All documents needed for impeachment purposes.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing was furnished by email/eservice via the
Florida Courts E-filing Portal on this 17" day of December 2019 to George Castrataro, attorney for
Defendant (pleadings@!awgc.com), 707 NE 3 Avenue, Suite 300, Fort Lauderdale, FL 33304.
BERMAN & TSOMBANAKIS LLC
600 SW 4" Avenue
Fort Lauderdale, Florida 33315
Phone: (954) 764-6099
Fax: (954) 728-8882
nbennan@danbermaniaw com
By: /s/ Daniel M. Berman
Daniel M. Berman, ESQ.
Florida Bar No.: 164127EXHIBIT “B”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR BROWARD COUNTY, FLORIDA
JAMES DURNING
Plaintiff,
CASE NO.. CACE 18-000306 (3)
vs.
DOUGLAS CHURCH,
Defendant
a |
PLAINTIFF’S FACT/NON-EXPERT WITNESS LIST
The Plaintiffs, by and through the undersigned attorney furnishes to the Defendant this
written list of fact witnesses, whom the Plaintiff may call at the trial in this matter:
1. Plaintiff James Durning
2. Defendant Douglas Church
3. William Findlay: Wilton Manors Police Department. 2020 Wilton Dr. Wilton Manors,
FL 33305. Responded to the scene of the incident.
4. Andrew Mitchell: Wilton Manors Police Department. 2020 Wilton Dr. Wilton Manors,
FL 33305. Responded to the scene of the incident.
5. Timothy Lee. Wilton Manors Police Department. 2020 Wilton Dr. Wilton Manors, FL
33305. Respondea to the scene of the incident.
6. Jason Libman: Formerly of the Wilton Manors Police Department. Now employed by
the Palm Beach County School Board. Responded to the scene of the incident.
7. Theodore Denning: 509 NE 29" St. Wilton Manors, FL 33334. Witnessed part of the
incident and the aftermath events.8. Patricia Denning: 509 NE 29 St. Wilton Manors, FL 33334. Witnessed part of the
incident and the aftermath events.
9. Any and all persons listed in the Defendant's witness list, in any pretrial catalog, in
any
police report, in any answer to interrogatories, or any person mentioned in any deposition in this
matter.
10. Any witness necessary for impeachment
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing was furnished by email/eservice via the Florida
Courts E-filing Portal on this 9°" day of September 2019 to George Castrataro, attorney for
Defendant (pleadings@!awgc.com), 707 NE 3" Avenue, Suite 300, Fort Lauderdale, FL 33304.
BERMAN & TSOMBANAKIS LLC
600 SW 4! Avenue
Fort Lauderdale, Florida 33315
Phone: (954) 764-6099
Fax: (954) 728-8882
danberman@danbermaniaw.com
By: /s/ Daniel M. Berman
Daniel M. Berman, ESQ.
Florida Bar No.: 164127IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR BROWARD COUNTY, FLORIDA
JAMES DURNING
Plaintiff,
CASE NO.: CACE 18-000306 (3)
vs.
DOUGLAS CHURCH,
Defendant
/
PLAINTIFF’S EXPERT WITNESS DISCLOSURE
The Plaintiff, by and through the undersigned attorney furnishes to the Defendant this
written list of expert witnesses whom the Plaintiff expect to call at the trial in this matter:
4. Dr. Harry. A. Cooper: Hallandale Beach Orthopedics, 1250 E. Hallandale Beach Blvd,
Suite 700. Hallandaie Beach. FL 33009
Dr. Cooper examined and treated James Durning and will testify regarding his injuries
suffered, procedures performed, diagnosis, treatment, medical expenses, prognosis and other
matters related to his injuries. His CV is attached.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing was furnished by email/eservice via the
Florida Courts E-filing Portal on this 9" day of September 2019 to George Castrataro, attorney for
Defendant (pleadings@lawgc.com), 707 NE 3 Avenue, Suite 300, Fort Lauderdale, FL 33304.
BERMAN & TSOMBANAKIS LLC
600 SW 4! Avenue
Fort Lauderdale, Florida 33315
Phone: (954) 764-6099
Fax: (954) 728-8882
danperman@danbermanlaw.com
By: /s/ Daniel M. Berman
Daniei M. Berman, ESQ.
Florida Bar No.: 164127EXHIBIT “C”Filing # 95397566 E-Filed 09/09/2019 03:57:33 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
JAMES DURNING,
: CASE NO,:; CACE18000306
Plaintiff,
DIVISION: 03
vs.
DOUGLAS CHURCH,
Defendant.
DEFENDANT’S FACT WITNESS LIST
The defendant Douglas Church, by and through his undersigned counsel, hercby furnishes
this, his Fact Witness List.
FACT WITNESS LIST
1. Douglas Church
c/o Law Offices of George Castrataro, P.A.
707 NE 3 Avenue, Suite 300
Fort Lauderdale, Florida 33304
Mr. Church is the defendant and disputes the allegations of the plaintiff. He will testify as
to the relationship between the parties; incidents between the parties and the happenings of
the date of the alleged incident
2. Patricia Denning
509 NE 29" Street
Wilton Manors, Florida 33334
Ms. Denning was a neighbor and witness to the relationship between the parties, to a
portion of the alleged incident and the aftermath
3. The defendant reserves the right to call any witnesses listed by the plaintiff or called by the
plaintiff at the time of trial.
4. The Plaintiffs reserve the right to amend and/or supplement the above Witness List in the
event that additional witnesses become known prior to trial or to add any witness who mayhave been inadvertently omitted.
RESPECTFULLY SUBMITTED,
Law Offices of George Castrataro, P.A.
Attorney for Defendant
707 NE 3 Avenue, Suite 300
Fort Lauderdale, Florida 33304
Telephone: (954) 573-1444
Facsimile: (954) 573-6451
Email: help@lawge.com
E-Service: _ pleadings‘@lawge.com
By: //ss// George Castrataro Esq.
George Castrataro, Esq.
Florida Bar Number: 0027575
Email: george@lawge.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, pursuant to Rule 2.516, Fla.R.Jud.Admin., a true and correct
copy of the foregoing Notice of Special Set Hearing has been furnished via Florida’s E-File Portal
to Daniel M. Berman, Esq of Berman & Tsombanakis LLC, 600 SW 4" Avenue, Fort Lauderdale,
Florida 33315 danberman@danbermanlaw.com this gth day of September, 2019
/s// George Castrataro Esq.
George Castrataro, Esq.
Florida Bar Number: 0027575EXHIBIT “D”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF
FLORIDA,
IN AND FOR BROWARD COUNTY, FLORIDA
JAMES DURNING
Plaintiff,
CASE NO.: CACE 18-000306 (3)
vs. .
DOUGLAS CHURCH,
Defendant
/
DRAFT JURY INSTRUCTIONS
101.1 OATH OF JURORS BEFORE VOIR DIRE
Do you solemnly swear or affirm that you will answer truthfully all
questions asked of you as prospective jurors [so help you God]?
101.2 OATH OF JUROR AFTER VOIR DIRE
Do you solemnly swear or affirm that you will well and truly try this
case between the plaintiff, James Durning and the defendant, Douglas
Church, and a true verdict render according to the law and evidence [so help
you God]?
101.3 OATH OF A WITNESS
Do you solemnly swear or affirm that the evidence you are about to give
will be the truth, the whole truth, and nothing but the truth [so help you
God]?
August 29, 2019 Florida Standard Jury Instructions in Civil Cases 1QUALIFICATIONS INSTRUCTION
Many of you have electronic devices such as cell phones, smartphones,
tablets, and laptops. Even though you have not yet been selected as a juror,
there are some strict rules that you must follow about electronic devices.
When you are called to a courtroom, the judge will give you specific
instructions on the use of electronic devices. These rules are so important that
the judge may tell you that you must turn off your cell phone or other
electronic devices completely or that you cannot have your cell phone or
electronic devices in the courtroom. If someone needs to contact you in case of
an emergency, the judge will provide you with a phone number where you can
receive messages.
If the trial judge allows you to keep your cell phones, computers, or
other electronic devices, you cannot use them to take photographs, video
recordings, or audio recordings of the proceedings in the courtroom or your
fellow jurors. You must not use them to search the Internet or to find out
anything related to any cases in the courthouse.
Why is this restriction imposed? This restriction is imposed because
jurors must decide the case without distraction and only on the evidence
presented in the courtroom. J know that, for some of you, these restrictions
affect your normal daily activities and may require a change in the way you
are used to communicating and perhaps even in the way you are used to
learning.
H you investigate, research, or make inquiries on your own, the trial
judge has no way to make sure that the information you obtain is proper for
the case. The parties likewise have no opportunity to dispute or challenge the
accuracy of what you find. Any independent investigation by a juror unfairly
and improperly prevents the parties from having that opportunity our
judicial system promises.
Between now and when you have been discharged from jury duty by the
judge, you must not discuss any information about your jury service with
anyone, including friends, co-workers, and family members. You may tell
those who need to know where you are that you have been called for jury
duty. If you are picked for a jury, you may tell people that you have been
picked for a jury and how long the case may take. However, you must not give
anyone any informativn about the case itself or the people involved in the
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 2case. You must also warn people not to try to say anything to you or write to
you about your jury service or the case. This includes face-to-face, phone or
computer communications.
I want to stress that you must not use electronic devices or computers to
talk about this case, including tweeting, texting, blogging, e-mailing, posting
information on a website or chat room, or any other means at all. Do not send
or accept any messages, including e-mail and text messages, about your jury
service. You must not disclose your thoughts about your jury service or ask
for advice on how to deeide any case.
The judge will tell you when you are released from this instruction.
Remember, these rules are designed to guarantee a fair trial. It is important
that you understand the rules as well as the impact on our system of justice if
you fail to follow them. If it is determined that any one of you has violated
this rule, and conducted any type of independent research or investigation, it
may result in a mistrial. A mistrial would require the case to be tried again at
great expense to the parties aad the judicial system. The judge may also
impose a penalty upon any juror who violates this instruction. All of us are
depending on you to follow these rules, so that there will be a fair and lawful
resoluiion of every case.
NOTE ON USE
This instruction should be given in addition to and at the conclusion of the
instructions normally given to the prospective jurors. The portion of this
instructioa dealing with communication with others and outside research may need
to be modified to include other specified means of communication or research as
technology develops.
(Revised December 4, 2014)
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 3A. During Jury Selection
201.1 DESCRIPTION OF THE CASE
(PRIOR TO VOIR DIRE)
Welcome. [I| [The clerk] will now administer your oath.
Now that you have been sworn, I'd like to give you an idea about what
we are here to do.
This is a civil trial. A civil trial is different from a criminal case, where a
defendant is charged by the state prosecutor with committing a crime. The
subject of a civil trial is a disagreement between people or companies [or
others, as appropriate], where the claims of one or more of these parties have
been brought to court to be resolved. It is called “a trial of a lawsuit.”
This is a case about an instance of violence and physical force where the
Plaintiff, James Durning is alleging that hc was Assaulted, Battered, and held
against his will by the Defendant, Douglas Church. *
The incident involved in this case occurred on March 30, 2016 in Wilton
Manors, Florida.
The principal witnesses who may testify in this case are:
Plaintiff James Durning
Defendant Douglas Church
William Findlay: Wilton Manors Police Department.
Andrew Mitchell: Wilton Manors Police Department.
Timothy Lee: Wilton Manors Police Department. .
Jason Libman: Formerly of the Wilton Manors Police Department.
Theodore Denning
Patricia Denning
Doctor Harry Cooper
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 4201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES
Who are the people here and what do they do?
Judge/Court: 1am the Judge. You may hear people occasionally refer to
me as “The Court.” That is the formal name for my role. My job is to
maintain order and decide how to apply the rules of the law to the trial. I will
also explain various rules to you that you will need to know in order to do
your job as the jury. it is my job to remain neutral on the issues of this
lawsuit.
Parties: A party who files a lawsuit is called the Plaintiff. A party that is
sued is called the Defendant.
Attorneys: The attorneys have the job of representing their clients. That
means they speak for their client here at the trial. They have taken oaths as
attorneys to do their best and to follow the rules for their profession.
Plaintiff's Counsel: The attorney on this side of the courtroom, (Daniel
Berman), represents (James Durning) and is the person who filed the lawsuit
here at the courthouse. His job is to present his client’s side of things to you.
He and his client will be referred to most of the time as “the plaintiff.” (Mr.
Berman), will you please introduce who is sitting at the table with you?
Defendant's Counsel: The attorney on this side of the courtroom, (George
Castrataro, represents (Douglas Church), the one who has been sued. His job is
to present his client's side of things to you. He and his client will usually be
referred to here as “the defendant.” (Mr. Castrataro), will you please introduce
who is sitting at the table with you?
Court Clerk: This person sitting in front of me, (name), is the court clerk.
[He] [She} is here to assist me with some of the mechanics of the trial process,
including the numbering and collection of the exhibits that are introduced in
the course of tke trial.
Court Reporter: The person sitting at the stenographic machine, (name),
is the court reporter. [His} [Her] job is to keep an accurate legal record of
everything we say and do during this trial.
Bailif® The person over there, (name), is the bailiff. [His] [Her] job is to
maintain order and security in the courtroom. The bailiff is also my
Avgust 29,2019 — Florida Stendard Jury Instructions in Civil Cases 5representative to the jury. Anything you need or any problems that come up
for you during the course of the trial should be brought to [him] [her].
However, the bailiff cannot answer any of your questions about the case. Only
I can do that.
Jury: Last, but not least, is the jury, which we will begin to select in a
few moments from among all of you. The jury’s job will be to decide what the
facts are and what the facts mean. Jurors should be as neutral as possible at
this point and have no fixed opinion zbout the lawsuit.
In order to have a fair and lawful trial, there are rules that all jurors
must follow. A basic rule is that jurors must decide the case only on the
evidence presented in the courtroom. You must not communicate with
anyong, including fricnds and family members, about this case, the people and
places involved, or your jury service. You must not disclose your thoughts
about this case or ask for advice on how to decide this case.
T want to stress that this rule means you must not use electronic devices
or compatei's to communicate about this case, including tweeting, texting,
blogging, e-mailing, posting information on a website or chat room, or any
other means at all. Do not send ur accept any messages to or from anyone
about this case or your jury service.
You must noi do any research or look up words, names, [maps,] or
anything clse that may have anything to do with this case. This includes
reading newspapers, watching telesision or using a computer, cell phone, the
Internet, any elecirunie device, or aay other means at all, to get information
relatea to this case or the people and places involved in this case. This applies
whether you are in the courthouse, at home, or anywhere else.
Maay of you may have ceh phones, tablets, laptops, or other electronic
device: with you here in the courtrvom.**
**The trial judge should select one of the following two alternative instructions
fuag 8
explaining the rules governing jurors’ use of electronic devices, as explained
in Note on Use 1.
Alternative A: {Al cell phones, computers, tablets, or other types of
electronic devices must be turned off while you are in the courtroom. Turned
off meas that the phene or other electronic device is actually off and not ina
silent or vibrating mode. Yuu may use these devices during recesses, but even
August 29,2019 Florida Standard Jury Instructions in Civil Cases 6then you may not use your cell phone or electronic device to find out any
information about the case or communicate with anyone about the case or the
people involved in the case. Do not take photographs, video recordings, or
audio recordings of the proceedings or of your fellow jurors. After each
recess, please double check to inake sure your cell phone or electronic device
is turned off. At the end of the case, while you are deliberating, you must not
communicate with anyone outside the jury room. You cannot have in the jury
room any cell phones, coniputers, or other electronic devices. If someone
needs to coniact you in an emergency, the court can receive messages and
deliver then: to you without delay. A contact phone number will be provided
to you.]
Alternative B: [¥ou cannot have any cell phones, tablets, laptops, or
other clectronic devices ia the courtroom. You may use these devices during
recesses, but even tien you miay net use your ccll phone or electronic device to
find owt any infurniaiion about tie case or communicate with anyone about
the cas: ur the peuple invoived in the case. Do not take photographs, video
recordings, or audio recordings of the proceedings or your fellow jurors. At
the ena of the case, while you are deliberating, you must not communicate
with anyone outside the jury rocia. Hf someone needs to contact you in an
emergency, the coui can receive messages and deliver them to you without
delay. A contac phone number will be provided to you.]
What are the reasous for these rules? These rules are imposed because
jurors must decide tne case wicauut uistraction and only on the evidence
presented in the courtroom. If you investigate, research, or make inquiries on
your own outside of che courtroom, the trial judge has no way to make sure
that the infurmatiua you obtain is proper for the case. The parties likewise
have no opportunity to dispute or challenge the accuracy of what you find.
That is contrary i oui judicial sysiem, which assures every party the right to
ask questions about and chailenge the evidence being considered against it
and to present argument with respeci to vat evidence. Any independent
investigation by a juror uitariy and inproperly prevents the parties from
having tuai opportunity var judicias system promises.
Any juror who violazes (hese restrictions jeopardizes the fairness of
these proceedings, and a mistrial could resait chat would require the entire
trial prucess to stunt over. A iaistrial is u rcamendous expense and
inconveuienee to the parties, (ie court, zed the taxpayers. If you violate these
rules, you may be hela in contempt of court, and face sanctions, such as
August 29, 2019 Florida Standard Jury instructions in Civil Cases 7serving time in jail, paying a fine or both.
All of your communications with courtroom personnel, or me, will be
part of the record of these proceedings. That means those communications
shall either be maze in upen court with the court reporter present or, if they
are in writing, the writing wiil be filed with the court clerk. This means, if you
are outside the courtroom, any communication with me must be in writing,
unsigned, and handed directly to the bailiff. Do not share the content of the
writing with anyone, inciuding other jurors. | have instructed the courtroom
personnel taat any communications you have with them outside of my
presence must be reported to me, and i will tell the parties [and their
attorneys| aboud any communication irom you that I believe may be of
interest to the partics [and their a.turneys].
However, you may coaimunicate directly with courtroom personnel
about matters concerning your comfort anc safety, such as [juror parking]
[location of break areas] [ow und shen to assemble for duty] [dress] [what
personal items can be brought into the courthouse or jury room] [list any
other types of routine ex parte communications permitted].
{fF you become aware of any violation of these instructions or any other
instruction | give in this case, you must tell aie by giving a note to the bailiff.
NOTES ON USE FOR 201.2
1. Florida Rule of Judicial Administration 2.451 directs trial judges to
instruc’ jurors on the use of cell phones and other electronic devices. During the
trial, the tria! judge may remove the jurors’ ce!! phones or other electronic devices.
The trial judge also has the option to allow the jurors to keep the cell phones and
electronic devices during trial until the jurors begin deliberations. Rule 2.451
prohibits jurors from using the cell phones or electronic devices to find out
information about the case or to communicate with others about the case. The
jurors aiso cannot use tie electronic devices to 1ecord, photograph, or videotape
the proceedings. ln recognition of che ciscrerion rule 2.451 gives trial judges, this
instruction provides two alternatives: (A) requiring jurors to turn off electronic
devices during court proceedings and removing their cell phones and electronic
devices during deiiberaiions; o1 (B) removing the cell phones and electronic
devices during all proceedings and deliberations. These instructions may be
modified to fit the practices of a wial judge in a particular courtroom. These
instrucuivns are nor intended to limit ine discretion of the trial court to control the
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 8proceedings.
2. The portion of this instruction dealing with communication with
others and outside research may be modified to include other specified means of
communication or research as technology develops.
3. Florida Rule of Civil Procedure 1.431(i)(2) requires the court, by
pretrial order or statement on the record with opportunity for objection, to set forth
the scope of routine. ex parte communications. Rule 1.431(i)(3) mandates an
instruction during voir dire regarding the limitations on jurors’ communications
with the court and courtroom personnel. The court should make sure that
courtroom personnel are also aware of the limitations on their communications
with jurors.
4, The introduction of the uainsured/underinsured motorist carrier is
required because the plaintiffs are entitled to have the jury know that the joined
carrier is the plaintiffs’ uninsured’underinsured carrier. Lamz v. Geico General
Insurance Co., 803 So. 24 593 (Fla. 2901); Aledina v. Peralta, 724 So. 2d 1188
(Fla. 1999).
(Revised Novernber 16, 2017)
201.3 EXPLANATION OF Titi VOIR DIRE PROCESS
Voir Dire:
The last thing ! want to do, before we begin to select the jury, is to
explais: to you how the selection process works.
Questions/Challenges: This is the part of the case where the parties and
their Jewyers have the opportunity to get to know a little bit about you, in
order to help them come to their own conclusions about your ability to be fair
and impartial, so they can decide who they think should be the jurors in this
case.
How we go about that is as follows: First, PH ask some general questions
of you. Then, each of the lawyers will have more specific questions that they
will asi of you. After they have asked all of their questions, I will meet with
them and they will te!l me their choices for jurors. Each side can ask that I
exclude a person from serving un a jury if they can give me a reason to believe
that he or she might be unabie to be fair and impartial. That is what is called
Avaust 29,2019 — Florida Standard Jury Instructions in Civil Cases 9a challenge for cause. The lawyers also have a certain number of what are
called peremptory challenges, by which they may exclude a person from the
jury without giving a reason. By this process of elimination, the remaining
persons are seiccted as the jury. [t may take more than one conference among
the parties, their attorneys, and me before the final selections are made.
Purpose of Questioning: The questions that you will be asked during this
process are not intended to embarrass you or unnecessarily pry into your
personal affairs, but it is important chat che parties and their attorneys know
enough about you to make this irapertant decision. If a question is asked that
you would prefer nut to answer in froni of che whole courtroom, just let me
know and you can come up here and give your answer just in front of the
attorneys and mie. Hy you hase a question of either the attorneys or me, don’t
hesitate tu let ine know.
Response to Questioniag: There are io right or wrong answers to the
questioas that will be asked of you. The ouly thing that I ask is that you
answer the questions as frankly and as honestly and as completely as you can.
You [wiii take] (have taken] an Gath iv answer all questions truthfully and
comphtety aac you siust do so. Remaining silent when you have information
you shouid disclose is a violation of that vath as well. If a juror violates this
oath, it not only may result in naving vo try the case all over again but also can
result in eivii aud cxiniaal peaaies against a juror personally. So, again, it is
very important shat you be as uoriest and Complete with your answers as you
possibsy can. Ifyou doa't wadcrsiane che question, please raise your hand and
ask for au explaaation or clarification.
in sun, this isa process to assist the parties and their attorneys to select -
a fair und impactia. jury. Alf of ibe questions they ask you are for this
purpose. Lf, for any reason, you du aot thiak you can be a fair and impartial
juror, you urust tcil us.
NOTE ON USE FOR 201.3
The publicaticn of this recommended instruction is not intended to intrude
upon the trial judge’s own style and manner of delivery. It may be useful in
cataloging the subjects to be covered in an introductory instruction.
(Revised December 4, 2014)
August 29, 2019 — Florida Standard Jury instructions in Civil Cases 10B. After Jury Selected and Sworn
202.1 INFRODUCTION
Administer oath:
You have now taken «i cath to serve as jurors in this trial. Before we
begin, | am going to teli you about the rules of law that apply to this case and
let you know what you can expect as the trial proceeds.
tt is my intention to give vou all of the rules of law but it might be that I
will not know for sure all of the law that will apply in this case until all of the
evidence is presented, However, | ean anticipate most of the law and give it to
you at the begining of the friai so that you will better understand what to be
looking for while the evidence is presented. If I later decide that different or
additional law applies to the case, | will tell you. In any event, at the end of the
evidence I will give you the fine) iasicuctioas on which you must base your
verdict. At that time, you will have a cumpiete written set of the instructions
SO YOu dO fut Nave wy LiediGrize Witla i «an about to tell you.
(Continue with the Substantive law, Dainages, and General instructions from the
applicable sections of this hook, followed by the applicable parts of 202.2
througt: 202.5)
NOTE ON USE FOR 202.1
The committee recommends giving the jury at the beginning of the trial a
complete as possible set of instructions on the Substantive law, Damages, and
Genera! Instvuctioas.
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 11202.2 EXPLANATION OF THE TRIAL PROCEDURE
Now thai you have heard the law, | want to let you know what you can
expect as the trial proceeds.
Opening Statements: In a few moments, the attorneys will each have a
chance to make whet are called cpening s‘atements. In an opening statement,
an attorney is allowed to give you [his] [her] views about what the evidence
will be in the trial and wha! you are Jikely to see and hear in the testimony.
Evidentiary Phase: After the attorneys’ opening statements the plaintiffs
will bring their witnesses and evidence to you.
Evidence: Evidence is the information that the law allows you to see or
hear ia decidirg this case. Evidence includes the testimony of the witnesses,
documents, and anything else that I instruct you to consider.
Witnesses: A witness is 2 person whe takes an oath to tell the truth and
then answers attorneys’ questions for the jury. The answering of attorneys’
questions by witnesses is cualied “giving testimony.” Testimony means
statemicts that are made whes svimecae has sworn an oath to tell the truth.
The plaintiff's lawyer will normally ask a witness the questions first.
That is called direct examinatic c. Then che defense lawyer may ask the same
witness addifioaal questions cLout whatever the witness has testified to. That
is called crass-caantiaaiion. Certain docuaicuts or other evidence may also be
shown tu you during diree: oi cruso-aaimiaation. After the plaintiffs
witnesses have testified, the defendant will have the opportunity to put
witnesses on the stand and go through the saine process. Then the plaintiff's
lawyer gels (o du civss-ciaiuinulion, Tne prucess is designed to be fair to both
sides.
[vis important that you remeu.Ler that testimony comes from witnesses.
The attorneys do nui give testimony and they are not themselves witnesses.
Obiections: Sumetimes the atiuineys wil disagree about the rules for
trial procedure when a question is asked of a witness. When that happens, one
of the lawyers may inake what is cailed au “objection.” The rules for a trial
can be complicated, and there are miautiy .casons for attorneys to object. You
should simply waik for ue io devide ow so proceed. If I say that an objection
is “sustained,” that means (ae witness may not answer the question. If I say
August 29.2019 — Florida Stardard Jury Instructions in Civil Cases 12that the objection is “overruled,” that means the witness may answer the
question.
When there is an objection and { mike a decision, you must not assume
from that decision that | have any particular opinion other than that the rules
for conducting a trial are being correctly followed. If ] say a question may not
be asked or answered, you must no. try tu guess what the answer would have
been. That is against the rules, too,
Side Bar Conferences: Sometimes [ wil need to speak to the attorneys
about legal elements of the cas. that are cet appropriate for the jury to hear.
The attorneys and J will try to have as few cf these conferences as possible
while you are giving us your \uiuable time in the courtroom. But, if we do
have tu nave such a conference during testimony, we will try to hold the
conference at the side of my desk so that we do not have to take a break and
ask you tu weave thi Cour vole.
Recesses: Breaks in an ovgoing trial ure usually called “recesses.”
During « recess you sill have your daGe: as a juror and must follow the rules,
even While having coffee, at tunch, or at home.
Instructions Before Closing Argumenis: After all the evidence has been
presenica tu you, f will struct you in rhe iaw that you must follow. It is
important ‘hat you soamember chese instructions to assist you in evaluating the
fina! aiturney preseniations, waich come acxt, and, later, during your
deliberadous, tu heip you correedly sort Uivough the evidence to reach your
decision.
Closing Arguments: Tue ationneys wi
make heii
ihen have the opportunity to
Huai preseniations io you, which ate called closing arguments.
Final Instructions: Aftes you have he: rd the closing arguments, I will
instruct you further in the law as weil as explain to you the procedures you
must feliuw to decide ie case,
Deliberati: After you Lear the {ral jury instructions, you will go to
the jury rosis and discuss and decide tie yuestions I have put on your verdict
fori, [You will have a cupy of the jury «. in instruction 60?.2, the comimittee :-
perience. Except to the extent
cmmends that the jury not be
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 47instructed that the jurors may bring to bear their “common knowledge and
everyday experience.”
3. Failure to produce witness. The committee recommends that no
instruc.ion be given. While it may be permissible in some circumstances to instruct
the jury regarding inferences arising from a party’s failure to produce a witness
(compere Weeks v. Atlantic Coast Line Railroad Co., 132 So. 24 315 (Fla. 1st
DCA 3961), with Georgia Southern & Florida Railway Co. v. Perry, 326 F.2d 921
(Sth Cir. 1964)), the commitice believes that generally such inferences are more
proper'y referted to in counsel’s argument.
4. Nitness talked to lawyer. This niay be given if requested as either a
substavcive of a curative instruction whenever there is testimony that a witness
spoke te or met with an attorney for one of the parties. This instruction is not
meant to prohibit or limit argument by counsel of the general considerations set
forth in 601.2a.
(Revised November 2, 2017.)
August 29,2019 — Fiorida Standard Jury Instructions in Civil Cases 48601.5 CONCLUDING ENSTRUCTION (BEFORE FINAL ARGUMENT)
That is the law you must foilow in deciding this case. The attorneys for
the parties will auw present their final arguments. When they are through, I
will have a few final instructions about your deliberations.
NOTE ON USE FOR 601.5
Instruction 601.5 is for use when instructing the jury before final argument.
If the court’s instruction is to be given after fiaal argument, skip to instruction 700
and omit the bracketed sentence in the first paragraph.
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 49“TION 708 -—— CLOSING INSTRUCTIONS
Members of the jury, you have now heard all the evidence, my
instructions on the law that you must apply in reaching your verdict and the
closing arguments of the attorneys. Yuu will shortly retire to the jury room to
decide this case, [Before you do so, I have a few last instructions for you.]
During deliberations, jurors must communicate about the case only
with one another ait only whe ai jurors are present in the jury room. You
will have in the jury roui all uf the evidence that was received during the
trial. fa reaching your decision, du not du any research on your own or as a
group. De net use dictionaries, the Internet, or any other reference materials.
Do not investigaic the case or conduct any experiments. Do not visit or view
the scene of any event involves in this case or iook at maps or pictures on the
Interticc. t¥ you bapped iG pass by the scene, dc not stop or investigate. All
jurots must see or hear tae sae evidence at ine same time. Do not read, listen
to, or Watch auy news accourits Of this trias.
You are noi 10 communicate with any person outside the jury about this
ease. Unul you have reached u verdict, yGu must not talk about this case in
person or through che ceiephouc, writing, or clectronic communication, such
as a blug, twitter, e-mati, text wiessage, or any ofher means. Do not contact
anyone to assist you, such as « family accuantant, doctor, or lawyer. These
communicaions rules apply uadi f discharge you at the end of the case.
VF you become aviave of aay sioknion of (hese instructions or any other
instructs P buve given ia this case, you mast tell me by giving a note to the
bailit.
Any aoies you have taken during the tial may be taken to the jury
room for as¢ during your discussions. Your notes are simply an aid te your
own memory, and neither your norcs ner chuse of any other juror are binding
Or conclusive. Your ou.es die nui a substitute for your own memory or that of
other jurors. instead, your verdice musi result from the collective memory
and judyaien of all jurors based on the evidence and testimony presented
during the trial.
At che concivsion ul the cial, the bailiff will collect your notes, which
will be aumnediaiely destvoycd. No ove will ever vead your notes.
in reachiag your verdict, do not Set bias, sympathy, prejudice, public
August 29,2919 Florida Standard Jury Instructions in Civil Cases 50opiniog. or any other sentimest for or against any party to influence your
decisien Your verdict must be hased on the evidence that has been received
and thy law on which | have jastructed you.
Reaching 2 verdict is exclusively your job. | cannot participate in that
decisic n in any way and you should not guess what I think your verdict should
be from something Tmay have suid or done. You should not think that I
prefer onc verdict over another. Therefore, in reaching your verdict, you
shoul: net corsider anything thai [ have s..id or done, except for my specific
instructor, te you.
ay carefal attention te afl the iastractions that I gave you, for that is
the lav, that you must folluw. You will have a copy of my instructions with you
wheu you ge to the jury room to delibe. ate, All the instructions are important,
and you saust consider ull of then wgether. There are no other laws that
apply to fitis case, end oven if you do not agree with these laws, you must use
them ia reaching your decisiun in thts case.
‘When you go tu the jury room, the Jirst taing you should do is choose a
presiding juror iu ack as a fureperson ducing your deliberations. The
ou Should see ts it that your discassioas are orderly and that everyone
wir cliagce te be heard.
itis yeer duty to letk wiih cue anuther in the jury room and to consider
the view. of all the jurors. Cach of you isust decide the case for yourself, but
Only afver you dave considered che vv idence wilh the other members of the
jury. Fee! free (& change your wwiad if you are convinced that your position
shoul be differcnz. You sieald all try to agree. But do not give up your
hones: beticts just because the others think differently. Keep an open mind so
that you and your fehow jurors cui easily share ideas about the case.
iwi} give you a verdict iocm wiib questions you must answer. I have
alrea, insivected you ob the law hat you wre to use in answering these
question. Vou Lauet follow: avy instractions and the form carefully. You must
consiast cacti; question Separatedy. Piease cuswer the questions in the order
they appeai. Aficr you aaswee a questiun, tac form tells you what to do next. I
will nuw tea te arm to you: (read turm of verdict)]
Vou. vedicts waist bo uauuiunous, laa is, your verdict must be agreed
tu by Gacan of you. Whee yuu have agrecd oa your verdicts, your foreperson
must write the date and sign it at the boliom and return the verdicts to the
August 29, 2019 Flonda Standard Jury Instructions in Civil Cases 51bailiff.
if any of you need co communicate with me for any reason, write mea
note anu give ji io the Lady. da your note, do not disclose any vote or split or
the reason ior tie conimunication.
Yuu may aan retire to decide your verdicts.
NO!
ON USE FOR 700
When final instructions are read to the jury before the attorney’s
closing, arguments, this instruction should not be given at that time. It should be
given following closing arguments, just before the jury retires to deliberate. If,
however. the entire instruction is given after final arguments, omit the bracketed
sentence in the first paragraph.
a ficride Rule of Judicie! Adminisuration 2.451 governs jurors’ use of
electronic devices. Rule 2.451 (b}(1) requires the trial court to remove cell phones
and other clectroaic devices from ju ing their deliberations. This instruction
may need to be modified to reflect the practices of a particular trial court when
removing jururs” cell phones, The portion of this nstruction dealing with
communicate with others and outside rescarch may need to be modified to
include other spevitic wants of coiumiuuicaiiwn or research as technology
develops.
y
Gai
5
3. Florida Rule of Judicial Administration 2.430(k) provides that at the
conclusion of the tial, the court sali coliec: and immediately destroy all juror
notes.
4 Quotient verdict. The committee -ecommends that no instruction
genera:iy be given to admonish the jury against returning a “quotient verdict.”
s. When itis impraciicable to iake all of the evidence into the jury room,
this instruction should be modified accordingly.
(Revis..i February ¢, 2038}
August 29,2019 — Florida Standard Jury !astructions in Civil Cases 52“TION 800 -— SUPPEEMED
AL MATTERS
8EEL JUROR QUESTIONS OLRING DELIBERATIONS
Members of the jury, | have discussed vour [note] [question] with the
attorneys. You have jasked the following question] [made the following
request]:
(read juror’s note);
Mt have uot read yeur {note} !question| correctly, please raise your
hand.
(elarifv question as needed):
i. The answer is:
(respond to question):
OR
2. Pant not able to janswer} [respond to] this [question] [request]
because it [cails for information that is not in evidence] [is not proper to be
consid. ei in thes ease] [(other reason why question or request is improper)].
Your decision niust be based only on the evidence presented in the trial and
st
the lay. that [ have given you. [Ifyou have any other specific questions, please
send another note, and ! will see if Lean answer it.] (other appropriate
respon -)|.
NOTES ON USE POR 801.1
, The procedure contained in 801.1 assumes that a juror question or
reques: will be in writing. Oral questions from jurors are discouraged.
2. In responding to a juror’s question or request, the court should answer
as specifically as pos To avoid inadvertent error, it is a good practice to
prepar. 2 written answer with the assistance of the attorneys and then read this
answe. to the jury.
3. AM writien questions and ans.
the cov it file.
should be preserved and placed in
August 29,2019 — Florida Standard Jury Instructions in Civil Cases 53893.2 READ-BACk OFF
IMONY
a. Read-back granted as requested:
Members of the jury, you have asked that the following testimony be
read bacii to you: (describe testimony)
The court reporter will nave read ihe testimony, which you have
requesinu.
OR
b. Reud-hack deferred:
Members of the jury, | fave discussed with the attorneys your request
to hav. certain testimony read back to you. It will take approximately (amount
of time) to have the court reporter prepure and read back the requested
testimon:.
Low direet you to return to the jury rvom and discuss your request
furthe . Vf you are not able to resolve your question about the requested
testimurn: by velying on your cotlecti+e aremury, then you should write down a
more specific description of the part of the witaess(es)’ testimony which you
wani ts hear again. Make your request for reading back testimony as specific
as possibie.
c. Read-buck «eviied.
Momiery of the j
v. yor have gsked that the following testimony be
read back to yous (describe f
Siimoy)
bain not able te grant your request lecause (give reason(s) for denying
reques’ ).
NOT
ON USP FOR 801.2
1. in civil cases, the decision to allow read-back of testimony lies within
the sound discretion of the trial ce urt. Braavard County School Bd. v. Ruiz, 493 So.
2d 474, 479-480 (Fla. 4rh DCA 1986). However, the trial court must not tell jurors
that they ure prohibited from requesting a :cad-back of testimony. Johnson v. State,
53 So, 3c 1903 (Fla. 2940).
Augusi 29, 2619 — Florida Standard Jury Instructions in Civil Cases 542. Any read-back of testimony must take place in open court. Transcripts
or tapes of testimony must not be sent back to the jury room.
August 29, 2019 viorida Standard Jury Instructions in Civil Cases 55801.3 JURY PLADLOCKED
Members of the jury, we understand you are having difficulty reaching
averd.cy. This case is important to the parties, and we appreciate your efforts.
But I ain going to ask you to go bach to try again to reach a verdict if you
reasonably cxa.
Please carefuliy consider the views of ail the jurors, including those you
disagree with. Keep in open mind and fee! free to change your view if you
coneluce it is wroug.
You shuaid not, however, give up your own conscientiously held views
simply te end the case or avoid further discussion. Each of you must decide
the case for yourself and not merely ge ualeag with the conclusions of other
jurors
Hf you cannot agree on what a witness said, you may ask that the court
reports: read back to yeu 2 portion of any witness’s testimony. To avoid
delay, your request should be as specific us possible.
You may now retucn to fle jury tum for further deliberations.
NOTES ON USE FOR 801.3
}, This instruction should not be given unless the jury indicates it is
deadlocked Moore v. State, 635 Su. 2d 998 (Fla. 4th DCA 1994); Armstron
Preview
Filing # 100969791 E-Filed 12/31/2019 11:18:13 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA JAMES DURNING Plaintiff, CASE NO.: CACE 18-000306 (3) vs. DOUGLAS CHURCH, Defendant / AMENDED JOINT PRE-TRIAL STIPULATION COME NOW, the parties, by and through the undersigned counsel, and file this Joint Pre-trial Stipulation: 1. STATEMENT OF CASE: This case arises out of a domestic violence incident that occurred on March 30, 2016, at the Defendants home in Wilton Manor, Florida 33334. The Plaintiff alleges that the Defendant assaulted and battered him, causing injuries. The Defendant denies these claims. IL. STIPULATED FACTS: A. The incident occurred in Broward County, Florida B. The Plaintiff and the Defendant are residents of Broward County, Florida c. The subject ineident occurred on March 30, 2016 Il. ISSUES OF LAW AND FACT FOR DETERMINATION AT TRIAL: A. Whether the Defendant Assaulted and/or Battered the Plaintiff Proximate Legal Cause. Whether Plaintiff sustained injury as a result of the incident. The amount of damages suffered by the Plaintiff, if any. me U fo e Reasonableness and necessity of medical bills. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/31/2019 11:18:12 AM.*##*Iv. VI. VII. Vill. STIPULATIONS BY THE PARTIES: A. E. The parties stipulate that none of the parties will be required to bring records custodians to trial and will stipulate to the authenticity of records, reserving all other objections. The parties agree and stipulate to the admissibility, relevancy, and authenticity of any and all medical records and bills. The attorneys agree that during trial they will disclose to the other side all witnesses they intend to call the next day. All collateral source issues, including reductions based on collateral sources and other settlement payments and set offs for pip. shall be reserved to be resolved by the Court in post-trial motions Legible copies may be used instead of originals. PEREMPTORY CHALLENGES FOR EACH PARTY: Plaintiffs: three (3) Defendants: three (3) ESTIMATED TRIAL TIME: Two to Three days. TRIAL EXHIBITS: A. The Plaintiffs’ Exhibit List is attached hereto as Exhibit A. B. The Defendant has not provided a witness list at the time of this filing. TRIAL WITNESSES: A. The Plaintiffs’ Witness List is attached hereto as Exhibit B. B. The Defendants Witness List is included in their Exhibit list above as Exhibit C.IX. PENDING MOTIONS: A. None at this time X. JURY INSTRUCTIONS AND VERDICT FORM: A. Plaintiff's proposed jury instructions and verdict form are attached as Exhibit D. XI. ATTORNEYS TO TRY CASE: Plaintiff; Daniel M. Berman, Esq and Regina Tsombanakis Esq. Defendant: George Castrataro Dated this 31'" day of December 2019. Berman & Tsombanakis LLC. 600 SW 4" Avenue Fort Lauderdale, Florida 33315 Phone: (954) 764-6099 Fax: (954) 728-8882 danberman@danbermanlaw.com Attorneys for Plaintiff By: /s/ Daniel M. Berman DANIEL M. BERMAN, ESQUIRE Florida Bar No. 164127EXHIBIT “A”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA JAMES DURNING Plaintiff, CASE NO.: CACE 18-000306 (3) vs. DOUGLAS CHURCH, Defendant / PLAINTIFF’S EXHIBIT LIST COMES NOW, the Plaintitf, JAMES DURNING, by and through the undersigned counsel hereby provides his Exhibit List for Trial: 4. Medica! records, reports, and bills of James Durning from the following health care providers: Holy Cross Hospital _ Dr. Harry Cooper/Hallandale Beach Orthopedics Dr. Paul Meli/Meli Orthopedics Open MRI of Miami-Dade Akumin ~@ a0 5 D Careplus (subrogation) Photographs of the Plaintiff. Photographs of the Plaintiff's clothing and person items Written and oral statements of the Plaintiff and Defendant ak ON Judgement and Sentence of Douglas Church for Broward County Criminal Case number 16003000MM10A All resgonses to Requests for Admission. All depositions taken in this case. on @ All records obtained in response to Requests to Produce from either party. 9. Medica! Bilis and Summary of Medical Bills related to this accident. 10.Ail Exhibits listed by the Defendant, without waiving any objections to the same. 11, All documents exchanged between the parties in Discovery.12. All documents relied upon by experts. 13. All documents needed for impeachment purposes. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing was furnished by email/eservice via the Florida Courts E-filing Portal on this 17" day of December 2019 to George Castrataro, attorney for Defendant (pleadings@!awgc.com), 707 NE 3 Avenue, Suite 300, Fort Lauderdale, FL 33304. BERMAN & TSOMBANAKIS LLC 600 SW 4" Avenue Fort Lauderdale, Florida 33315 Phone: (954) 764-6099 Fax: (954) 728-8882 nbennan@danbermaniaw com By: /s/ Daniel M. Berman Daniel M. Berman, ESQ. Florida Bar No.: 164127EXHIBIT “B”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA JAMES DURNING Plaintiff, CASE NO.. CACE 18-000306 (3) vs. DOUGLAS CHURCH, Defendant a | PLAINTIFF’S FACT/NON-EXPERT WITNESS LIST The Plaintiffs, by and through the undersigned attorney furnishes to the Defendant this written list of fact witnesses, whom the Plaintiff may call at the trial in this matter: 1. Plaintiff James Durning 2. Defendant Douglas Church 3. William Findlay: Wilton Manors Police Department. 2020 Wilton Dr. Wilton Manors, FL 33305. Responded to the scene of the incident. 4. Andrew Mitchell: Wilton Manors Police Department. 2020 Wilton Dr. Wilton Manors, FL 33305. Responded to the scene of the incident. 5. Timothy Lee. Wilton Manors Police Department. 2020 Wilton Dr. Wilton Manors, FL 33305. Respondea to the scene of the incident. 6. Jason Libman: Formerly of the Wilton Manors Police Department. Now employed by the Palm Beach County School Board. Responded to the scene of the incident. 7. Theodore Denning: 509 NE 29" St. Wilton Manors, FL 33334. Witnessed part of the incident and the aftermath events.8. Patricia Denning: 509 NE 29 St. Wilton Manors, FL 33334. Witnessed part of the incident and the aftermath events. 9. Any and all persons listed in the Defendant's witness list, in any pretrial catalog, in any police report, in any answer to interrogatories, or any person mentioned in any deposition in this matter. 10. Any witness necessary for impeachment CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing was furnished by email/eservice via the Florida Courts E-filing Portal on this 9°" day of September 2019 to George Castrataro, attorney for Defendant (pleadings@!awgc.com), 707 NE 3" Avenue, Suite 300, Fort Lauderdale, FL 33304. BERMAN & TSOMBANAKIS LLC 600 SW 4! Avenue Fort Lauderdale, Florida 33315 Phone: (954) 764-6099 Fax: (954) 728-8882 danberman@danbermaniaw.com By: /s/ Daniel M. Berman Daniel M. Berman, ESQ. Florida Bar No.: 164127IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA JAMES DURNING Plaintiff, CASE NO.: CACE 18-000306 (3) vs. DOUGLAS CHURCH, Defendant / PLAINTIFF’S EXPERT WITNESS DISCLOSURE The Plaintiff, by and through the undersigned attorney furnishes to the Defendant this written list of expert witnesses whom the Plaintiff expect to call at the trial in this matter: 4. Dr. Harry. A. Cooper: Hallandale Beach Orthopedics, 1250 E. Hallandale Beach Blvd, Suite 700. Hallandaie Beach. FL 33009 Dr. Cooper examined and treated James Durning and will testify regarding his injuries suffered, procedures performed, diagnosis, treatment, medical expenses, prognosis and other matters related to his injuries. His CV is attached. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing was furnished by email/eservice via the Florida Courts E-filing Portal on this 9" day of September 2019 to George Castrataro, attorney for Defendant (pleadings@lawgc.com), 707 NE 3 Avenue, Suite 300, Fort Lauderdale, FL 33304. BERMAN & TSOMBANAKIS LLC 600 SW 4! Avenue Fort Lauderdale, Florida 33315 Phone: (954) 764-6099 Fax: (954) 728-8882 danperman@danbermanlaw.com By: /s/ Daniel M. Berman Daniei M. Berman, ESQ. Florida Bar No.: 164127EXHIBIT “C”Filing # 95397566 E-Filed 09/09/2019 03:57:33 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JAMES DURNING, : CASE NO,:; CACE18000306 Plaintiff, DIVISION: 03 vs. DOUGLAS CHURCH, Defendant. DEFENDANT’S FACT WITNESS LIST The defendant Douglas Church, by and through his undersigned counsel, hercby furnishes this, his Fact Witness List. FACT WITNESS LIST 1. Douglas Church c/o Law Offices of George Castrataro, P.A. 707 NE 3 Avenue, Suite 300 Fort Lauderdale, Florida 33304 Mr. Church is the defendant and disputes the allegations of the plaintiff. He will testify as to the relationship between the parties; incidents between the parties and the happenings of the date of the alleged incident 2. Patricia Denning 509 NE 29" Street Wilton Manors, Florida 33334 Ms. Denning was a neighbor and witness to the relationship between the parties, to a portion of the alleged incident and the aftermath 3. The defendant reserves the right to call any witnesses listed by the plaintiff or called by the plaintiff at the time of trial. 4. The Plaintiffs reserve the right to amend and/or supplement the above Witness List in the event that additional witnesses become known prior to trial or to add any witness who mayhave been inadvertently omitted. RESPECTFULLY SUBMITTED, Law Offices of George Castrataro, P.A. Attorney for Defendant 707 NE 3 Avenue, Suite 300 Fort Lauderdale, Florida 33304 Telephone: (954) 573-1444 Facsimile: (954) 573-6451 Email: help@lawge.com E-Service: _ pleadings‘@lawge.com By: //ss// George Castrataro Esq. George Castrataro, Esq. Florida Bar Number: 0027575 Email: george@lawge.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that, pursuant to Rule 2.516, Fla.R.Jud.Admin., a true and correct copy of the foregoing Notice of Special Set Hearing has been furnished via Florida’s E-File Portal to Daniel M. Berman, Esq of Berman & Tsombanakis LLC, 600 SW 4" Avenue, Fort Lauderdale, Florida 33315 danberman@danbermanlaw.com this gth day of September, 2019 /s// George Castrataro Esq. George Castrataro, Esq. Florida Bar Number: 0027575EXHIBIT “D”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA JAMES DURNING Plaintiff, CASE NO.: CACE 18-000306 (3) vs. . DOUGLAS CHURCH, Defendant / DRAFT JURY INSTRUCTIONS 101.1 OATH OF JURORS BEFORE VOIR DIRE Do you solemnly swear or affirm that you will answer truthfully all questions asked of you as prospective jurors [so help you God]? 101.2 OATH OF JUROR AFTER VOIR DIRE Do you solemnly swear or affirm that you will well and truly try this case between the plaintiff, James Durning and the defendant, Douglas Church, and a true verdict render according to the law and evidence [so help you God]? 101.3 OATH OF A WITNESS Do you solemnly swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth [so help you God]? August 29, 2019 Florida Standard Jury Instructions in Civil Cases 1QUALIFICATIONS INSTRUCTION Many of you have electronic devices such as cell phones, smartphones, tablets, and laptops. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about electronic devices. When you are called to a courtroom, the judge will give you specific instructions on the use of electronic devices. These rules are so important that the judge may tell you that you must turn off your cell phone or other electronic devices completely or that you cannot have your cell phone or electronic devices in the courtroom. If someone needs to contact you in case of an emergency, the judge will provide you with a phone number where you can receive messages. If the trial judge allows you to keep your cell phones, computers, or other electronic devices, you cannot use them to take photographs, video recordings, or audio recordings of the proceedings in the courtroom or your fellow jurors. You must not use them to search the Internet or to find out anything related to any cases in the courthouse. Why is this restriction imposed? This restriction is imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. J know that, for some of you, these restrictions affect your normal daily activities and may require a change in the way you are used to communicating and perhaps even in the way you are used to learning. H you investigate, research, or make inquiries on your own, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Between now and when you have been discharged from jury duty by the judge, you must not discuss any information about your jury service with anyone, including friends, co-workers, and family members. You may tell those who need to know where you are that you have been called for jury duty. If you are picked for a jury, you may tell people that you have been picked for a jury and how long the case may take. However, you must not give anyone any informativn about the case itself or the people involved in the August 29,2019 — Florida Standard Jury Instructions in Civil Cases 2case. You must also warn people not to try to say anything to you or write to you about your jury service or the case. This includes face-to-face, phone or computer communications. I want to stress that you must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages, including e-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to deeide any case. The judge will tell you when you are released from this instruction. Remember, these rules are designed to guarantee a fair trial. It is important that you understand the rules as well as the impact on our system of justice if you fail to follow them. If it is determined that any one of you has violated this rule, and conducted any type of independent research or investigation, it may result in a mistrial. A mistrial would require the case to be tried again at great expense to the parties aad the judicial system. The judge may also impose a penalty upon any juror who violates this instruction. All of us are depending on you to follow these rules, so that there will be a fair and lawful resoluiion of every case. NOTE ON USE This instruction should be given in addition to and at the conclusion of the instructions normally given to the prospective jurors. The portion of this instructioa dealing with communication with others and outside research may need to be modified to include other specified means of communication or research as technology develops. (Revised December 4, 2014) August 29,2019 — Florida Standard Jury Instructions in Civil Cases 3A. During Jury Selection 201.1 DESCRIPTION OF THE CASE (PRIOR TO VOIR DIRE) Welcome. [I| [The clerk] will now administer your oath. Now that you have been sworn, I'd like to give you an idea about what we are here to do. This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies [or others, as appropriate], where the claims of one or more of these parties have been brought to court to be resolved. It is called “a trial of a lawsuit.” This is a case about an instance of violence and physical force where the Plaintiff, James Durning is alleging that hc was Assaulted, Battered, and held against his will by the Defendant, Douglas Church. * The incident involved in this case occurred on March 30, 2016 in Wilton Manors, Florida. The principal witnesses who may testify in this case are: Plaintiff James Durning Defendant Douglas Church William Findlay: Wilton Manors Police Department. Andrew Mitchell: Wilton Manors Police Department. Timothy Lee: Wilton Manors Police Department. . Jason Libman: Formerly of the Wilton Manors Police Department. Theodore Denning Patricia Denning Doctor Harry Cooper August 29,2019 — Florida Standard Jury Instructions in Civil Cases 4201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES Who are the people here and what do they do? Judge/Court: 1am the Judge. You may hear people occasionally refer to me as “The Court.” That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. it is my job to remain neutral on the issues of this lawsuit. Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant. Attorneys: The attorneys have the job of representing their clients. That means they speak for their client here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession. Plaintiff's Counsel: The attorney on this side of the courtroom, (Daniel Berman), represents (James Durning) and is the person who filed the lawsuit here at the courthouse. His job is to present his client’s side of things to you. He and his client will be referred to most of the time as “the plaintiff.” (Mr. Berman), will you please introduce who is sitting at the table with you? Defendant's Counsel: The attorney on this side of the courtroom, (George Castrataro, represents (Douglas Church), the one who has been sued. His job is to present his client's side of things to you. He and his client will usually be referred to here as “the defendant.” (Mr. Castrataro), will you please introduce who is sitting at the table with you? Court Clerk: This person sitting in front of me, (name), is the court clerk. [He] [She} is here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of tke trial. Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter. [His} [Her] job is to keep an accurate legal record of everything we say and do during this trial. Bailif® The person over there, (name), is the bailiff. [His] [Her] job is to maintain order and security in the courtroom. The bailiff is also my Avgust 29,2019 — Florida Stendard Jury Instructions in Civil Cases 5representative to the jury. Anything you need or any problems that come up for you during the course of the trial should be brought to [him] [her]. However, the bailiff cannot answer any of your questions about the case. Only I can do that. Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among all of you. The jury’s job will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion zbout the lawsuit. In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyong, including fricnds and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. T want to stress that this rule means you must not use electronic devices or compatei's to communicate about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send ur accept any messages to or from anyone about this case or your jury service. You must noi do any research or look up words, names, [maps,] or anything clse that may have anything to do with this case. This includes reading newspapers, watching telesision or using a computer, cell phone, the Internet, any elecirunie device, or aay other means at all, to get information relatea to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. Maay of you may have ceh phones, tablets, laptops, or other electronic device: with you here in the courtrvom.** **The trial judge should select one of the following two alternative instructions fuag 8 explaining the rules governing jurors’ use of electronic devices, as explained in Note on Use 1. Alternative A: {Al cell phones, computers, tablets, or other types of electronic devices must be turned off while you are in the courtroom. Turned off meas that the phene or other electronic device is actually off and not ina silent or vibrating mode. Yuu may use these devices during recesses, but even August 29,2019 Florida Standard Jury Instructions in Civil Cases 6then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings, or audio recordings of the proceedings or of your fellow jurors. After each recess, please double check to inake sure your cell phone or electronic device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, coniputers, or other electronic devices. If someone needs to coniact you in an emergency, the court can receive messages and deliver then: to you without delay. A contact phone number will be provided to you.] Alternative B: [¥ou cannot have any cell phones, tablets, laptops, or other clectronic devices ia the courtroom. You may use these devices during recesses, but even tien you miay net use your ccll phone or electronic device to find owt any infurniaiion about tie case or communicate with anyone about the cas: ur the peuple invoived in the case. Do not take photographs, video recordings, or audio recordings of the proceedings or your fellow jurors. At the ena of the case, while you are deliberating, you must not communicate with anyone outside the jury rocia. Hf someone needs to contact you in an emergency, the coui can receive messages and deliver them to you without delay. A contac phone number will be provided to you.] What are the reasous for these rules? These rules are imposed because jurors must decide tne case wicauut uistraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own outside of che courtroom, the trial judge has no way to make sure that the infurmatiua you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. That is contrary i oui judicial sysiem, which assures every party the right to ask questions about and chailenge the evidence being considered against it and to present argument with respeci to vat evidence. Any independent investigation by a juror uitariy and inproperly prevents the parties from having tuai opportunity var judicias system promises. Any juror who violazes (hese restrictions jeopardizes the fairness of these proceedings, and a mistrial could resait chat would require the entire trial prucess to stunt over. A iaistrial is u rcamendous expense and inconveuienee to the parties, (ie court, zed the taxpayers. If you violate these rules, you may be hela in contempt of court, and face sanctions, such as August 29, 2019 Florida Standard Jury instructions in Civil Cases 7serving time in jail, paying a fine or both. All of your communications with courtroom personnel, or me, will be part of the record of these proceedings. That means those communications shall either be maze in upen court with the court reporter present or, if they are in writing, the writing wiil be filed with the court clerk. This means, if you are outside the courtroom, any communication with me must be in writing, unsigned, and handed directly to the bailiff. Do not share the content of the writing with anyone, inciuding other jurors. | have instructed the courtroom personnel taat any communications you have with them outside of my presence must be reported to me, and i will tell the parties [and their attorneys| aboud any communication irom you that I believe may be of interest to the partics [and their a.turneys]. However, you may coaimunicate directly with courtroom personnel about matters concerning your comfort anc safety, such as [juror parking] [location of break areas] [ow und shen to assemble for duty] [dress] [what personal items can be brought into the courthouse or jury room] [list any other types of routine ex parte communications permitted]. {fF you become aware of any violation of these instructions or any other instruction | give in this case, you must tell aie by giving a note to the bailiff. NOTES ON USE FOR 201.2 1. Florida Rule of Judicial Administration 2.451 directs trial judges to instruc’ jurors on the use of cell phones and other electronic devices. During the trial, the tria! judge may remove the jurors’ ce!! phones or other electronic devices. The trial judge also has the option to allow the jurors to keep the cell phones and electronic devices during trial until the jurors begin deliberations. Rule 2.451 prohibits jurors from using the cell phones or electronic devices to find out information about the case or to communicate with others about the case. The jurors aiso cannot use tie electronic devices to 1ecord, photograph, or videotape the proceedings. ln recognition of che ciscrerion rule 2.451 gives trial judges, this instruction provides two alternatives: (A) requiring jurors to turn off electronic devices during court proceedings and removing their cell phones and electronic devices during deiiberaiions; o1 (B) removing the cell phones and electronic devices during all proceedings and deliberations. These instructions may be modified to fit the practices of a wial judge in a particular courtroom. These instrucuivns are nor intended to limit ine discretion of the trial court to control the August 29,2019 — Florida Standard Jury Instructions in Civil Cases 8proceedings. 2. The portion of this instruction dealing with communication with others and outside research may be modified to include other specified means of communication or research as technology develops. 3. Florida Rule of Civil Procedure 1.431(i)(2) requires the court, by pretrial order or statement on the record with opportunity for objection, to set forth the scope of routine. ex parte communications. Rule 1.431(i)(3) mandates an instruction during voir dire regarding the limitations on jurors’ communications with the court and courtroom personnel. The court should make sure that courtroom personnel are also aware of the limitations on their communications with jurors. 4, The introduction of the uainsured/underinsured motorist carrier is required because the plaintiffs are entitled to have the jury know that the joined carrier is the plaintiffs’ uninsured’underinsured carrier. Lamz v. Geico General Insurance Co., 803 So. 24 593 (Fla. 2901); Aledina v. Peralta, 724 So. 2d 1188 (Fla. 1999). (Revised Novernber 16, 2017) 201.3 EXPLANATION OF Titi VOIR DIRE PROCESS Voir Dire: The last thing ! want to do, before we begin to select the jury, is to explais: to you how the selection process works. Questions/Challenges: This is the part of the case where the parties and their Jewyers have the opportunity to get to know a little bit about you, in order to help them come to their own conclusions about your ability to be fair and impartial, so they can decide who they think should be the jurors in this case. How we go about that is as follows: First, PH ask some general questions of you. Then, each of the lawyers will have more specific questions that they will asi of you. After they have asked all of their questions, I will meet with them and they will te!l me their choices for jurors. Each side can ask that I exclude a person from serving un a jury if they can give me a reason to believe that he or she might be unabie to be fair and impartial. That is what is called Avaust 29,2019 — Florida Standard Jury Instructions in Civil Cases 9a challenge for cause. The lawyers also have a certain number of what are called peremptory challenges, by which they may exclude a person from the jury without giving a reason. By this process of elimination, the remaining persons are seiccted as the jury. [t may take more than one conference among the parties, their attorneys, and me before the final selections are made. Purpose of Questioning: The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs, but it is important chat che parties and their attorneys know enough about you to make this irapertant decision. If a question is asked that you would prefer nut to answer in froni of che whole courtroom, just let me know and you can come up here and give your answer just in front of the attorneys and mie. Hy you hase a question of either the attorneys or me, don’t hesitate tu let ine know. Response to Questioniag: There are io right or wrong answers to the questioas that will be asked of you. The ouly thing that I ask is that you answer the questions as frankly and as honestly and as completely as you can. You [wiii take] (have taken] an Gath iv answer all questions truthfully and comphtety aac you siust do so. Remaining silent when you have information you shouid disclose is a violation of that vath as well. If a juror violates this oath, it not only may result in naving vo try the case all over again but also can result in eivii aud cxiniaal peaaies against a juror personally. So, again, it is very important shat you be as uoriest and Complete with your answers as you possibsy can. Ifyou doa't wadcrsiane che question, please raise your hand and ask for au explaaation or clarification. in sun, this isa process to assist the parties and their attorneys to select - a fair und impactia. jury. Alf of ibe questions they ask you are for this purpose. Lf, for any reason, you du aot thiak you can be a fair and impartial juror, you urust tcil us. NOTE ON USE FOR 201.3 The publicaticn of this recommended instruction is not intended to intrude upon the trial judge’s own style and manner of delivery. It may be useful in cataloging the subjects to be covered in an introductory instruction. (Revised December 4, 2014) August 29, 2019 — Florida Standard Jury instructions in Civil Cases 10B. After Jury Selected and Sworn 202.1 INFRODUCTION Administer oath: You have now taken «i cath to serve as jurors in this trial. Before we begin, | am going to teli you about the rules of law that apply to this case and let you know what you can expect as the trial proceeds. tt is my intention to give vou all of the rules of law but it might be that I will not know for sure all of the law that will apply in this case until all of the evidence is presented, However, | ean anticipate most of the law and give it to you at the begining of the friai so that you will better understand what to be looking for while the evidence is presented. If I later decide that different or additional law applies to the case, | will tell you. In any event, at the end of the evidence I will give you the fine) iasicuctioas on which you must base your verdict. At that time, you will have a cumpiete written set of the instructions SO YOu dO fut Nave wy LiediGrize Witla i «an about to tell you. (Continue with the Substantive law, Dainages, and General instructions from the applicable sections of this hook, followed by the applicable parts of 202.2 througt: 202.5) NOTE ON USE FOR 202.1 The committee recommends giving the jury at the beginning of the trial a complete as possible set of instructions on the Substantive law, Damages, and Genera! Instvuctioas. August 29,2019 — Florida Standard Jury Instructions in Civil Cases 11202.2 EXPLANATION OF THE TRIAL PROCEDURE Now thai you have heard the law, | want to let you know what you can expect as the trial proceeds. Opening Statements: In a few moments, the attorneys will each have a chance to make whet are called cpening s‘atements. In an opening statement, an attorney is allowed to give you [his] [her] views about what the evidence will be in the trial and wha! you are Jikely to see and hear in the testimony. Evidentiary Phase: After the attorneys’ opening statements the plaintiffs will bring their witnesses and evidence to you. Evidence: Evidence is the information that the law allows you to see or hear ia decidirg this case. Evidence includes the testimony of the witnesses, documents, and anything else that I instruct you to consider. Witnesses: A witness is 2 person whe takes an oath to tell the truth and then answers attorneys’ questions for the jury. The answering of attorneys’ questions by witnesses is cualied “giving testimony.” Testimony means statemicts that are made whes svimecae has sworn an oath to tell the truth. The plaintiff's lawyer will normally ask a witness the questions first. That is called direct examinatic c. Then che defense lawyer may ask the same witness addifioaal questions cLout whatever the witness has testified to. That is called crass-caantiaaiion. Certain docuaicuts or other evidence may also be shown tu you during diree: oi cruso-aaimiaation. After the plaintiffs witnesses have testified, the defendant will have the opportunity to put witnesses on the stand and go through the saine process. Then the plaintiff's lawyer gels (o du civss-ciaiuinulion, Tne prucess is designed to be fair to both sides. [vis important that you remeu.Ler that testimony comes from witnesses. The attorneys do nui give testimony and they are not themselves witnesses. Obiections: Sumetimes the atiuineys wil disagree about the rules for trial procedure when a question is asked of a witness. When that happens, one of the lawyers may inake what is cailed au “objection.” The rules for a trial can be complicated, and there are miautiy .casons for attorneys to object. You should simply waik for ue io devide ow so proceed. If I say that an objection is “sustained,” that means (ae witness may not answer the question. If I say August 29.2019 — Florida Stardard Jury Instructions in Civil Cases 12that the objection is “overruled,” that means the witness may answer the question. When there is an objection and { mike a decision, you must not assume from that decision that | have any particular opinion other than that the rules for conducting a trial are being correctly followed. If ] say a question may not be asked or answered, you must no. try tu guess what the answer would have been. That is against the rules, too, Side Bar Conferences: Sometimes [ wil need to speak to the attorneys about legal elements of the cas. that are cet appropriate for the jury to hear. The attorneys and J will try to have as few cf these conferences as possible while you are giving us your \uiuable time in the courtroom. But, if we do have tu nave such a conference during testimony, we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you tu weave thi Cour vole. Recesses: Breaks in an ovgoing trial ure usually called “recesses.” During « recess you sill have your daGe: as a juror and must follow the rules, even While having coffee, at tunch, or at home. Instructions Before Closing Argumenis: After all the evidence has been presenica tu you, f will struct you in rhe iaw that you must follow. It is important ‘hat you soamember chese instructions to assist you in evaluating the fina! aiturney preseniations, waich come acxt, and, later, during your deliberadous, tu heip you correedly sort Uivough the evidence to reach your decision. Closing Arguments: Tue ationneys wi make heii ihen have the opportunity to Huai preseniations io you, which ate called closing arguments. Final Instructions: Aftes you have he: rd the closing arguments, I will instruct you further in the law as weil as explain to you the procedures you must feliuw to decide ie case, Deliberati: After you Lear the {ral jury instructions, you will go to the jury rosis and discuss and decide tie yuestions I have put on your verdict fori, [You will have a cupy of the jury «. in instruction 60?.2, the comimittee :- perience. Except to the extent cmmends that the jury not be August 29,2019 — Florida Standard Jury Instructions in Civil Cases 47instructed that the jurors may bring to bear their “common knowledge and everyday experience.” 3. Failure to produce witness. The committee recommends that no instruc.ion be given. While it may be permissible in some circumstances to instruct the jury regarding inferences arising from a party’s failure to produce a witness (compere Weeks v. Atlantic Coast Line Railroad Co., 132 So. 24 315 (Fla. 1st DCA 3961), with Georgia Southern & Florida Railway Co. v. Perry, 326 F.2d 921 (Sth Cir. 1964)), the commitice believes that generally such inferences are more proper'y referted to in counsel’s argument. 4. Nitness talked to lawyer. This niay be given if requested as either a substavcive of a curative instruction whenever there is testimony that a witness spoke te or met with an attorney for one of the parties. This instruction is not meant to prohibit or limit argument by counsel of the general considerations set forth in 601.2a. (Revised November 2, 2017.) August 29,2019 — Fiorida Standard Jury Instructions in Civil Cases 48601.5 CONCLUDING ENSTRUCTION (BEFORE FINAL ARGUMENT) That is the law you must foilow in deciding this case. The attorneys for the parties will auw present their final arguments. When they are through, I will have a few final instructions about your deliberations. NOTE ON USE FOR 601.5 Instruction 601.5 is for use when instructing the jury before final argument. If the court’s instruction is to be given after fiaal argument, skip to instruction 700 and omit the bracketed sentence in the first paragraph. August 29,2019 — Florida Standard Jury Instructions in Civil Cases 49“TION 708 -—— CLOSING INSTRUCTIONS Members of the jury, you have now heard all the evidence, my instructions on the law that you must apply in reaching your verdict and the closing arguments of the attorneys. Yuu will shortly retire to the jury room to decide this case, [Before you do so, I have a few last instructions for you.] During deliberations, jurors must communicate about the case only with one another ait only whe ai jurors are present in the jury room. You will have in the jury roui all uf the evidence that was received during the trial. fa reaching your decision, du not du any research on your own or as a group. De net use dictionaries, the Internet, or any other reference materials. Do not investigaic the case or conduct any experiments. Do not visit or view the scene of any event involves in this case or iook at maps or pictures on the Interticc. t¥ you bapped iG pass by the scene, dc not stop or investigate. All jurots must see or hear tae sae evidence at ine same time. Do not read, listen to, or Watch auy news accourits Of this trias. You are noi 10 communicate with any person outside the jury about this ease. Unul you have reached u verdict, yGu must not talk about this case in person or through che ceiephouc, writing, or clectronic communication, such as a blug, twitter, e-mati, text wiessage, or any ofher means. Do not contact anyone to assist you, such as « family accuantant, doctor, or lawyer. These communicaions rules apply uadi f discharge you at the end of the case. VF you become aviave of aay sioknion of (hese instructions or any other instructs P buve given ia this case, you mast tell me by giving a note to the bailit. Any aoies you have taken during the tial may be taken to the jury room for as¢ during your discussions. Your notes are simply an aid te your own memory, and neither your norcs ner chuse of any other juror are binding Or conclusive. Your ou.es die nui a substitute for your own memory or that of other jurors. instead, your verdice musi result from the collective memory and judyaien of all jurors based on the evidence and testimony presented during the trial. At che concivsion ul the cial, the bailiff will collect your notes, which will be aumnediaiely destvoycd. No ove will ever vead your notes. in reachiag your verdict, do not Set bias, sympathy, prejudice, public August 29,2919 Florida Standard Jury Instructions in Civil Cases 50opiniog. or any other sentimest for or against any party to influence your decisien Your verdict must be hased on the evidence that has been received and thy law on which | have jastructed you. Reaching 2 verdict is exclusively your job. | cannot participate in that decisic n in any way and you should not guess what I think your verdict should be from something Tmay have suid or done. You should not think that I prefer onc verdict over another. Therefore, in reaching your verdict, you shoul: net corsider anything thai [ have s..id or done, except for my specific instructor, te you. ay carefal attention te afl the iastractions that I gave you, for that is the lav, that you must folluw. You will have a copy of my instructions with you wheu you ge to the jury room to delibe. ate, All the instructions are important, and you saust consider ull of then wgether. There are no other laws that apply to fitis case, end oven if you do not agree with these laws, you must use them ia reaching your decisiun in thts case. ‘When you go tu the jury room, the Jirst taing you should do is choose a presiding juror iu ack as a fureperson ducing your deliberations. The ou Should see ts it that your discassioas are orderly and that everyone wir cliagce te be heard. itis yeer duty to letk wiih cue anuther in the jury room and to consider the view. of all the jurors. Cach of you isust decide the case for yourself, but Only afver you dave considered che vv idence wilh the other members of the jury. Fee! free (& change your wwiad if you are convinced that your position shoul be differcnz. You sieald all try to agree. But do not give up your hones: beticts just because the others think differently. Keep an open mind so that you and your fehow jurors cui easily share ideas about the case. iwi} give you a verdict iocm wiib questions you must answer. I have alrea, insivected you ob the law hat you wre to use in answering these question. Vou Lauet follow: avy instractions and the form carefully. You must consiast cacti; question Separatedy. Piease cuswer the questions in the order they appeai. Aficr you aaswee a questiun, tac form tells you what to do next. I will nuw tea te arm to you: (read turm of verdict)] Vou. vedicts waist bo uauuiunous, laa is, your verdict must be agreed tu by Gacan of you. Whee yuu have agrecd oa your verdicts, your foreperson must write the date and sign it at the boliom and return the verdicts to the August 29, 2019 Flonda Standard Jury Instructions in Civil Cases 51bailiff. if any of you need co communicate with me for any reason, write mea note anu give ji io the Lady. da your note, do not disclose any vote or split or the reason ior tie conimunication. Yuu may aan retire to decide your verdicts. NO! ON USE FOR 700 When final instructions are read to the jury before the attorney’s closing, arguments, this instruction should not be given at that time. It should be given following closing arguments, just before the jury retires to deliberate. If, however. the entire instruction is given after final arguments, omit the bracketed sentence in the first paragraph. a ficride Rule of Judicie! Adminisuration 2.451 governs jurors’ use of electronic devices. Rule 2.451 (b}(1) requires the trial court to remove cell phones and other clectroaic devices from ju ing their deliberations. This instruction may need to be modified to reflect the practices of a particular trial court when removing jururs” cell phones, The portion of this nstruction dealing with communicate with others and outside rescarch may need to be modified to include other spevitic wants of coiumiuuicaiiwn or research as technology develops. y Gai 5 3. Florida Rule of Judicial Administration 2.430(k) provides that at the conclusion of the tial, the court sali coliec: and immediately destroy all juror notes. 4 Quotient verdict. The committee -ecommends that no instruction genera:iy be given to admonish the jury against returning a “quotient verdict.” s. When itis impraciicable to iake all of the evidence into the jury room, this instruction should be modified accordingly. (Revis..i February ¢, 2038} August 29,2019 — Florida Standard Jury !astructions in Civil Cases 52“TION 800 -— SUPPEEMED AL MATTERS 8EEL JUROR QUESTIONS OLRING DELIBERATIONS Members of the jury, | have discussed vour [note] [question] with the attorneys. You have jasked the following question] [made the following request]: (read juror’s note); Mt have uot read yeur {note} !question| correctly, please raise your hand. (elarifv question as needed): i. The answer is: (respond to question): OR 2. Pant not able to janswer} [respond to] this [question] [request] because it [cails for information that is not in evidence] [is not proper to be consid. ei in thes ease] [(other reason why question or request is improper)]. Your decision niust be based only on the evidence presented in the trial and st the lay. that [ have given you. [Ifyou have any other specific questions, please send another note, and ! will see if Lean answer it.] (other appropriate respon -)|. NOTES ON USE POR 801.1 , The procedure contained in 801.1 assumes that a juror question or reques: will be in writing. Oral questions from jurors are discouraged. 2. In responding to a juror’s question or request, the court should answer as specifically as pos To avoid inadvertent error, it is a good practice to prepar. 2 written answer with the assistance of the attorneys and then read this answe. to the jury. 3. AM writien questions and ans. the cov it file. should be preserved and placed in August 29,2019 — Florida Standard Jury Instructions in Civil Cases 53893.2 READ-BACk OFF IMONY a. Read-back granted as requested: Members of the jury, you have asked that the following testimony be read bacii to you: (describe testimony) The court reporter will nave read ihe testimony, which you have requesinu. OR b. Reud-hack deferred: Members of the jury, | fave discussed with the attorneys your request to hav. certain testimony read back to you. It will take approximately (amount of time) to have the court reporter prepure and read back the requested testimon:. Low direet you to return to the jury rvom and discuss your request furthe . Vf you are not able to resolve your question about the requested testimurn: by velying on your cotlecti+e aremury, then you should write down a more specific description of the part of the witaess(es)’ testimony which you wani ts hear again. Make your request for reading back testimony as specific as possibie. c. Read-buck «eviied. Momiery of the j v. yor have gsked that the following testimony be read back to yous (describe f Siimoy) bain not able te grant your request lecause (give reason(s) for denying reques’ ). NOT ON USP FOR 801.2 1. in civil cases, the decision to allow read-back of testimony lies within the sound discretion of the trial ce urt. Braavard County School Bd. v. Ruiz, 493 So. 2d 474, 479-480 (Fla. 4rh DCA 1986). However, the trial court must not tell jurors that they ure prohibited from requesting a :cad-back of testimony. Johnson v. State, 53 So, 3c 1903 (Fla. 2940). Augusi 29, 2619 — Florida Standard Jury Instructions in Civil Cases 542. Any read-back of testimony must take place in open court. Transcripts or tapes of testimony must not be sent back to the jury room. August 29, 2019 viorida Standard Jury Instructions in Civil Cases 55801.3 JURY PLADLOCKED Members of the jury, we understand you are having difficulty reaching averd.cy. This case is important to the parties, and we appreciate your efforts. But I ain going to ask you to go bach to try again to reach a verdict if you reasonably cxa. Please carefuliy consider the views of ail the jurors, including those you disagree with. Keep in open mind and fee! free to change your view if you coneluce it is wroug. You shuaid not, however, give up your own conscientiously held views simply te end the case or avoid further discussion. Each of you must decide the case for yourself and not merely ge ualeag with the conclusions of other jurors Hf you cannot agree on what a witness said, you may ask that the court reports: read back to yeu 2 portion of any witness’s testimony. To avoid delay, your request should be as specific us possible. You may now retucn to fle jury tum for further deliberations. NOTES ON USE FOR 801.3 }, This instruction should not be given unless the jury indicates it is deadlocked Moore v. State, 635 Su. 2d 998 (Fla. 4th DCA 1994); Armstron