Colin Montgomerie Current Wife, Articles A

(h) Waiver of Responses. (1) Unless a different time is prescribed in a statute of Florida, a respondent must serve a response within 20 days after service of original process and the initial pleading on the respondent, or not later than the date fixed in a notice by publication. 6. I obtained my law degree from the Ateneo de Manila School of Law. These instructions are in proper form for use in negligence actions. If the defendant wants the issue of prescription resolved by the court up front without going to trial, the defendant should raise prescription in a motion to dismiss. It also discusses waiver of defenses. If a reply is title insurance. Release. Failure to properly raise affirmative defenses means that you waive those defenses. <>/Font<>>>/Fields 8 0 R >>>> (LogOut/ Chapter 1 - Rules of Civil Procedure; updated January 19, 2023 Chapter 2 - Rules of General Practice and Judicial Administration; updated February 2, 2023 Chapter 3 - Rules of Criminal Procedure; updated January 1, 2023 (2) (A) Except when sued pursuant to section 768.28, Florida 2d at 13738 (striking affirmative defenses where [a] careful analysis of each of the affirmative defenses reflects that they are, on the whole, conclusory in their content, and lacking in any real allegations of ultimate fact demonstrating a good defense to the complaint.); Gatt, 446 So. (g) Consolidation of Responses. 448.101-105). The Florida Rules of Civil Procedure are intended to "secure the just, speedy, and inexpensive determination of every action."[1] The Florida Constitution, however, mandates that "[t]he right to trial by jury shall be secure to all and remain inviolate."[2] This tension between an efficient court system, on one hand, and protecting one's right to a jury of his or her peers, on the . Any ground not In instances in which changes have been made to adapt the standard instructions to the circumstances of the hypothetical case, the committee has italicized the instructions. This section was unfortunately not re-enacted in the present Rules of Civil Procedure. this rule or, if the party has made no motion, in a responsive pleading except (1) Unless a different time is prescribed in a statute of closings moratorium Section 700: Closing Instructions 0 There are a myriad of legally recognized affirmative defenses under Florida law. It is important to know whether an affirmative defense falls under Group A or under Group B since different legal rules apply to each group. Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection. Responses to the pleadings or statements must be served within 10 days of service of such pleadings or statements. debtor Form 1.986(a). However, with the advent of special verdicts and . Section 300: Evidence Instructions the trial, except that the objection of failure to state a legal defense in an The Committee will consider bringing forth a revised set of instructions in the future. A discussion of each is beyond the scope of this article. elite top attorneys The person served with the summons and third-party complaint, herein called the third-party defendant, shall make defenses to the defendant's claim as provided in rules 1.110 and 1.140 and counterclaims against the defendant and crossclaims against other third-party defendants as provided in rule 1.170. Unenforceability under the statute of frauds. (d) Preliminary Hearings. Take note that the plaintiff is prohibited from filing a motion for reconsideration of the courts order granting the affirmative defense pursuant to Section 12(c) of Rule 15. 278 0 obj <> endobj The tort of intentional infliction of emotional distress is recognized in Florida. endstream endobj 282 0 obj <>stream <> ad valorem If the dismissal is on an affirmative defense other than PURE, such as improper venue, then such dismissal is without prejudice. The numbers of the instructions used in the examples are indicated within brackets. Discharge in bankruptcy. Form 1.924 - AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY. The party raising the affirmative defense has the burden of proof on establishing that it applies. Except for prescription, extinction of the claim or demand, and unenforceability under the statute of frauds, these affirmative defenses were not grounds of a motion to dismiss under Rule 16 of the 1997 Rules of Civil Procedure. Defenses may either be negative or affirmative. <> Moreover, affirmative defenses must be asserted in the answer otherwise they are waived. Champion v. Gray, 478 So. served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license - you . None of the following are complete verdicts and in some instances more than one of these forms might apply. Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 1.140 (b); provided this shall not limit amendments under rule 1.190 even if such ground is sustained. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply must be asserted by motion to strike the defense within 20 days after service of the answer or reply. costs It is not enough for If a party makes a motion under this rule but omits from it any responses or objections then available to that party that this rule permits to be raised by motion, that party shall not thereafter make a motion based on any of the responses or objections omitted, except as provided in subdivision (h)(2). (LogOut/ Disclaimer: The Florida Rules of Civil Procedure have been reproduced here in their entirety and are being provided as a courtesy and free of charge. Sav. 5 0 obj 0000015289 00000 n "@H1u8z Instruction 412.1 deals with cross-claims in an injured partys case and instruction 412.2 deals with third-party claims in an injured partys action. If there was an impact, the jury instructions given would be governed by the principles for the type of tort involved and the resulting damages. 2d 664 (Fla. 4th DCA 2008), andONeal v. Fla. A & M University, 989 So. In other words, certainty is required when pleading defenses, and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient. Thompson v. Bank of N.Y., 862 So. bankruptcy' The pleading requirements for an affirmative defense under Florida law are similar to those required for a pleading seeking affirmative relief. A party served with a pleading stating a crossclaim . <<9F03061B6BCCCB44A48A70020AC9FACE>]/Prev 194967/XRefStm 1612>> endstream endobj 432 0 obj <> endobj 433 0 obj <>stream (B) When sued pursuant to section 768.28, Florida Statutes, Aristotle. Florida, a defendant must serve an answer within 20 days after service of 10. (3) If the court permits or requires an amended or responsive pleading or a more definite statement, the pleading or statement must be served within 10 days after notice of the courts action. The responses in subdivisions (b)(1)(b)(7), whether made in a pleading or by motion, and the motion for judgment in subdivision (c) must be heard and determined before trial on application of any party unless the court orders that the hearing and determination will be deferred until the trial. self help The instructions in this section are based upon the Florida Civil Rights Act of 1992 (FCRA), which makes it unlawful for an employer to discriminate based upon race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. (c) Motion for Judgment on the Pleadings. The plaintiffs motion can hardly be characterized as dilatory, unlike the defendants motion for reconsideration of the denial of an affirmative defense. tenant document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Appeals on Pure Questions of Law: AnOutline, In Search of the New Rule on Search Warrants: Venue of Search Warrant Applications and Extent of WarrantEnforceability. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense. creditor It differs from other defenses because the defendant admits that he did, in fact, break the law. These are: 4. trailer Assn, Inc., 452 So. 0000008358 00000 n 0000005047 00000 n available to that party. Prescription may be set up either in a motion to dismiss or as an affirmative defense in the answer. 10/01/2011 Florida Rules of Civil Procedure Page 19 of 160 res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. The book provides useful forms for each affirmative . 3. The reason is to curtail the defendants employment of dilatory tactics. The specific enumeration of Group B affirmative defenses is not exclusive because of the catch-all clause any other matter by way of confession and avoidance. Examples of other affirmative defenses are caso fortuito, nullity or voidability of the contract, vices of consent, and unenforceability of the contract under paragraphs 1 and 2 of Article 1403 of the Civil Code. In other words, [t]he plaintiff is not bound to prove that the affirmative defense does not exist. State Farm Mut. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to that party. 0000002785 00000 n (5) insufficiency of service of process, (6) failure to state a cause of The court may, in the exercise of its discretion and if deemed necessary for its resolution, call a hearing on the motion. In other words, the court cannot defer the resolution of a Group A affirmative defense to the trial proper since it is mandated to resolve such affirmative defense. endstream endobj 279 0 obj <>/Metadata 45 0 R/Pages 276 0 R/StructTreeRoot 56 0 R/Type/Catalog>> endobj 280 0 obj <>/MediaBox[0 0 612 792]/Parent 276 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 281 0 obj <>stream Under the Florida Rules of Civil Procedure, a party is not required to reply to the opposing party's affirmative defenses merely to deny them. It is opined that this prohibition should be removed. Section 800 Supplemental Matters, Qualification Instructions; revised December 4, 2014. landlord P. 1.140(b). 0000020160 00000 n hb```b``} wAX,S`"qw1>Q$0`vI-:|->\qiy#IS~^?HeP,%HMGTYfFi?Ux,sF7P Because of this condition, the defendant: Did not know what he or she was doing or its consequences; or. Purported affirmative defenses that do not satisfy this test are properly stricken. endobj A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. See Rule 1.190(h), Florida Rules of Civil Procedure. endstream endobj 434 0 obj <> endobj 435 0 obj <> endobj 436 0 obj <>stream 0000044533 00000 n [1] Although Section 12(a) of Rule 8 speaks of reasons set forth under Section 5(b), Rule 6, what it actually means is reasons set forth under the second paragraph of Section 5, Rule 6.. the motion is granted and the order of the court is not obeyed within 10 days 12(a), Rule 8 of the Rules of Civil Procedure plus the affirmative defenses stated in the second paragraph of Section 5 of Rule 6. Affirmative defenses are the type of yea, but.. defenses. answer or reply must be asserted by motion to strike the defense within 20 days 0000001945 00000 n (b) How Presented. required, the reply must be served within 20 days after service of the answer. hbbd`b``3 A/` u these defenses must be made before pleading if a further pleading is permitted. 2d 1017, 1019 (Fla. 3d DCA 1982) (internal citations omitted) (Certainty is required when pleading defenses and claims alike, and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient.); Walker v. Walker, 254 So. 1 & 2 (2022 ed.)" FAR/BAR Contract All rights reserved. A notice of related cases, form 12.900(h), must be filed in conformity with Florida Rule of General Practice and Judicial Administration 2.545(d). <>stream 2d 832, 83334 (Fla. 1st DCA 1971) (Just as in the statement of a claim, the requirement of certainty will be insisted upon in the pleading of a defense.). 760.01760.11. Section 400: Substantive Instructions The hypothetical admission made by a defendant in an affirmative defense is not actually an admission but an assumption for purposes only of argument. Illegality. (b) How Presented. Cady v. Chevy Chase Sav. Waterfall Victoria Grantor Trust II, Series G. v. McDonald. A defense is either negative or affirmative. The hypothetical facts upon which each instruction is based are set forth before the instruction. Slip and Fall, Premises Liability, and Other Negligence Claims, Unfair Debt Collection & Deceptive Business Practices. The book surveys nearly 90 affirmative defenses and all of the Rule 1.140 (b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. The defense of lack of jurisdiction of the subject matter may be raised at any time. 417.10 Affirmative Defense Failure to Mitigate Lost Wages; 417.11 Affirmative Defense After-Acquired Evidence; 417.12 Reduction of Damages to Present Value; . 2 %%EOF of lack of jurisdiction of the subject matter may be raised at any time. See Fla.R.Civ.P. (2) The responses of failure to state a cause of action or a legal defense or to join an indispensable party may be raised by motion for judgment on the pleadings or at the trial on the merits in addition to being raised either in a motion under subdivision (b) or in the answer or reply. Disclaimer | Sitemap | Privacy Policy |. The Committee removed earlier published defamation instructions because portions of them were no longer accurate statements of law. If contribution is found to be appropriate in tort actions other than for negligence (but see the title to Ch. F.S. The burden of proof on an affirmative defense rests with the defendant who raises the defense. Self-defense,entrapment,insanity,necessity, andrespondeat superiorare some examples of affirmative defenses. endobj This is an excellent case to learn about affirmative defenses. The grounds on which any of the enumerated responses are based and the substantial matters of law intended to be argued must be stated specifically and with particularity in the responsive pleading or motion. 0000027068 00000 n (1)Unless a different time is prescribed in a statute of Florida, a respondent must serve a response within 20 days after service of original process and the initial pleading on the respondent, or not later than the date fixed in a notice by publication. property taxes & Loan, Inc., 528 So. Model form of verdict for personal injury damages, 2(b). affirmative defenses to breach of fiduciary duty floridamr patel neurosurgeon cardiff 27 februari, 2023 . Pankauski Lazarus PLLC represents clients throughout Florida, including the cities of West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Riviera Beach, North Palm Beach, Abacoa, Wellington, Lake Worth, Palm Beach Gardens, Jupiter, Greenacres, Deerfield Beach, Pompano Beach and Fort Lauderdale, as well as other communities in Palm Beach County, Broward County and Miami Dade County. unless a different time is fixed by the court in either case. and "Bar Q&A Remedial Law (2022 ed. Think of them this way: even if the allegations or accusations in the complaint are true, you still win ! )", both published by Central Books. (e) Effect of Failure to Deny. Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. Under the 2020 Rules of Civil Procedure, affirmative defenses are grouped into two: For purposes of this note, I call them Group A affirmative defenses and Group B affirmative defenses. Professional negligence claims are, for the most part, similar. 0000037261 00000 n b))dY2rxKeJV&u\Y')bJvI#re v\Mg lrUAMJ;U and with particularity in the responsive pleading or motion. Payment (extinction of the claim or demand). %PDF-1.4 (d) Preliminary Hearings. <> Ins. stating a crossclaim against that party must serve an answer to it within 20 0000010997 00000 n must be served within 10 days of service of the pleadings or statements. Former recovery. [2] Note that a motion to hear affirmative defenses is a prohibited motion. Model form of verdict for wrongful death damages, 3(a). 5. 3e82,2?u^6;7R%6 (r eao9 m Although practitioners are fond of setting forth in the answer special and affirmative defenses, there is really no such thing as a special defense under the Rules of Civil Procedure. Auto. The party raising the affirmative defense has the burden of proof on establishing that it applies. coronavirus may move for judgment on the pleadings. Form 1.923 - EVICTION SUMMONS/ RESIDENTIAL. (Section 5, Rule 6, Rules of Civil Procedure). Under theFederal Rules of Civil ProcedureRule 56, any party may make amotionforsummary judgmenton an affirmative defense. prevailing party <> on the pleadings or at the trial on the merits in addition to being raised Revisions in the Model Instructions often lag some time behind revisions in the substantive charges the use of which is illustrated in the Model Instructions. The reason for the difference is that the resolution of the Group A affirmative defenses does not generally require a full-blown trial. (e) Motion for More Definite Statement. On the other hand, as to the Group B affirmative defenses, the court may conduct a summary hearing within 15 days from the filing of the answer. 0000060863 00000 n Nonetheless, it is believed that this procedural device may still be availed of under the 2020 Rules. As such, the trial court acted properly in striking the second affirmative defense.); Chris Craft Indust., Inc. v. Van Walkenberg, 267 So. If you are involved in a trust lawsuit or a contract or probate case, consider reading this. 0000006876 00000 n endobj (c) Motion for Judgment on the Pleadings. The matters raised by Respondents' Affirmative Defenses do not defeat The Florida Bar's claim. The defenses 1 to 7 in subdivision (e)Effect of Failure to Deny. service. credit card Rule 1.110 states: In pleading to a preceding pleading a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Fla. R. Civ. 4. View more posts. 0000005570 00000 n If a pleading sets forth a claim for relief to pleadings must be served within 10 days after service of the more definite statement as provided in subdivision (h)(2). One of my greatest joys is to see my students pass the bar and become accomplished lawyers. [] Discussion of the defenses include information on elements, notable authority, jury instructions, and more. different time is fixed by the court. Fraud. which the adverse party is not required to serve a responsive pleading, the More Focus and Attention to Each Matter than the Small Firms. Any other matter by way of confession and avoidance. (e) Motion for More Definite Statement. Here, the court may defer resolution of the defense of prescription to the trial proper. 2d 211, 212 (Fla. 3d DCA 1984). (Section 12[d], Rule 8, Rules of Civil Procedure). 2d 175, 176 (Fla. 3d DCA 1975) ([T]hat portion of the affirmative defense alleging that the note was not in default does not constitute an affirmative defense, but is merely a denial.). 0000006973 00000 n An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. means test 2d 483, 487 (Fla. 5th DCA 2002)). Model form of verdict for emergency medical treatment; issues as to both applicability of F.S. Answer and Affirmative Defenses in response to Plaintiff's Complaint for Foreclosure of Mortgage (the "Complaint") and states: . Statutes, the state of Florida, an agency of the state, or an officer or (4) If the court permits or requires an amended or Click the icon above to call Gulisano Law now for a free consultation. Under clearly established law, such arguments, while defensive in nature, do not constitute affirmative defenses, which are limited to matters in the nature of a confession and avoidance. Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So. Gatt v. Keyes Corp., 446 So. Copyright 2022.All Rights Reserved. On the other hand, resolution of a Group B affirmative defense may require a full-blown trial in which case it would be better to defer its resolution to the trial proper. For cases involving allegations of negligence of professions other than medical or legal, instructions 402.11(a) and (b) and 402.12(a) and (b) should be appropriately modified. ~ From the Rules Regulating The Florida Bar, Florida's Standards for Imposing Lawyer Sanctions, Entire Set of Civil Jury Instructions, Word, Entire Set of Civil Jury Instructions, PDF, Section 600: Substantive Instructions General, Appendix C Punitive Damage Instructions, Appendix E Emergency Medical Treatment Claims Instructions for Causes of Action Arising prior to September 15, 2003, The Theory and Technique of Charging a Jury with These Instructions, Original Introduction from Inaugural Committee, Orders of the Supreme Court Creating and Revising These Instructions, Members of the Committee Since Its Inception, 201.2 Introduction of Participants and Their Roles, 201.3 Explanation of the Voir Dire Process, 202.5 Jury to Be Guided by Official English Translation/Interpretation, 301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions, 301.2 Instruction when First Item of Documentary, Photographic, or Physical Evidence Is Admitted, 301.3 Instruction when Evidence Is First Published to Jurors, 301.4 Instruction Regarding Visual or Demonstrative Aids, 301.5 Evidence Admitted for a Limited Purpose, 301.6 Jury to Be Guided by Official English Translation Interpretation, 301.7 Jury to Be Guided by Official English Transcript of Recording in Foreign Language (Accuracy Not in Dispute), 301.8 Jury to Be Guided by Official English Translation/Interpretation Transcript of Recording in Foreign Language (Accuracy in Dispute), 301.11 Failure to Maintain Evidence or Keep a Record, 408 Tortious Interference with Business Relationships, 410 Outrageous Conduct Causing Severe Emotional Distress, 413 Claim for Personal Injury Protection (PIP) Benefits (Medical Benefits only), 414 Intentional Tort As an Exception to Exclusive Remedy of Workers Compensation, 418 Unlawful Retaliation Under Floridas Public Sector Whistle-Blower Act, 420 Negligent Infliction of Emotional Distress, 451 Fiduciary Duty (Shared with Contract and Business), 401.8 Violation of Non-Traffic Penal Statute as Negligence per Se, 401.9 Violation of Statute, Ordinance, or Regulation as Evidence of Negligence, 401.10 Equal and Reciprocal Rights of Motorists and Pedestrians, 401.14 Preliminary Issues Vicarious Liability, 401.15 Preliminary Issues Common Carrier, 401.16 Preliminary Issues Premises Liability, 401.17 Burden of Proof on Preliminary Issues, 401.18 Issues on Plaintiffs Claim General Negligence, 401.19 Issues on Plaintiffs Claim Common Carrier, 401.20 Issues on Plaintiffs Claim Premises Liability, 401.24 Counterclaims, Cross Claims, and Third Party Claims, 402.7 Legal Cause (Treatment Without Informed Consent), 402.9 Preliminary Issues Vicarious Liability, 402.10 Burden of Proof on Preliminary Issues, 402.12 Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation, 403.5 Implied Warranty of Merchantability, 403.6 Implied Warranty of Fitness for Particular Purpose, 403.11 Inference of Product Defect or Negligence, 403.14 Burden of Proof on Preliminary Issue, 403.16 Issues on Crashworthiness and Enhanced Injury Claims, 404.4 Insurers Bad Faith (Failure to Settle), 404.5 Medical Malpractice Insurers Bad Faith Failure to Settle, 404.9 Concluding Instruction when Court to Award Damages, 404.10 Damages (Cases with Claims for Mental Distress), 404.11 Burden of Proof on Mental Distress Claim, 406.6 Instituting or Continuing a Proceeding, 408.5 Issues on Plaintiffs Claim Interference with Contract not Terminable at Will, 408.6 Issues on Plaintiffs Claim Interference with Business Relations or with Contract Terminable at Will, 408.8 Affirmative Defense Financial Interest, 409.7 Issues on Plaintiffs Claim Fraudulent Misrepresentation, 409.8 Issues on Plaintiffs Claim Negligent Misrepresentation, 409.9 Issues on Plaintiffs Claim False Information Negligently Supplied for the Guidance of Others, 412.1 Contribution Sought by Cross-Claims Between Defendant Tortfeasors in Injured Partys Original Action, 412.2 Contribution Sought by Third Party Claim in Injured Partys Original Action, 412.3 Introduction for Independent Contribution Claim, 412.8 Issues on Claim and Burden of Proof, 415.4 Retaliation; Adverse Employment Action, 415.8 Preliminary Issue Adverse Employment Action, 415.9 Burden of Proof on Preliminary Issue, 415.13 Defense Issue on Damages (Mitigation-Discharge), 415.14 Reduction of Damages to Present Value, Standard Jury Instructions in Contracts and Business Cases, 417.4 Discrimination Disparate Treatment, 417.10 Affirmative Defense Failure to Mitigate Lost Wages, 417.11 Affirmative Defense After-Acquired Evidence, 417.12 Reduction of Damages to Present Value, 418.5 Preliminary Issue Adverse Employment Action, 418.6 Burden of Proof on Preliminary Issue, 418.12 Defense Issue Adverse Employment Action Based on Other Grounds, 418.14 Defense Issue on Damages (Mitigation Discharge), 418.15 Reduction of Damages to Present Value, 451.4 Existence of Fiduciary Duty Disputed, 451.8 Preliminary Issue Vicarious Liability, 451.9 Burden of Proof on Preliminary Issues, 451.14 Model Form of Verdict for Breach of Fiduciary Duty, 501.1 Personal Injury and Property Damages: Introduction, 501.2 Personal Injury and Property Damages: Elements, 501.4 Comparative Negligence, Non-Party Fault and Multiple Defendants, 501.5 Other Contributing Causes of Damages, 501.7 Reduction of Damages to Present Value, 502.1 Wrongful Death Damages: Introduction, 502.2 Wrongful Death Damages: Elements for Estate and Survivors, 502.3 Wrongful Death Damages of Estate and Survivors: Separate Awards for Estate and Survivors, 502.4 Wrongful Death Damages: Elements when There Are No Survivors, 502.5 Comparative Negligence, Non-Party Fault, and Multiple Defendants, 502.7 Reduction of Damages to Present Value, 503.1 Punitive Damages Bifurcated Procedure, 503.2 Punitive Damages Non-Bifurcated Procedure, 601.3 Jury to Be Guided by Official English Translation/Interpretation, 601.4 Multiple Claims, Numerous Parties, Consolidated Cases, 601.5 Concluding Instruction (Before Final Argument), 801.1 Juror Questions During Deliberations, 801.4 Instructions upon Discharge of Jury, Model form of verdict for general negligence with apportionment of fault, 2(a).