HCBA Lawyer Magazine Vol. 28, No. 6 | Page 64

Jury iNStruCtioNS aNd verdiCt FormS
Trial & litigation Section
Chair: Brandon Faulkner – Holland & Knight, LLP
O
ur May 2nd Trial &
Litigation Section
CLE on jury
instructions and
verdict forms was an excellent
program. The topic does not
receive a lot of attention, but is
near and dear to the heart of
every jury trial lawyer. We were
honored to have Judge Nelly
Khouzam and Judge Matthew
Lucas, of the Second DCA
leading the CLE, along with
respected practitioners Kristin
Norse of Kynes, Markman &
Felman, P.A. and Jessica Costello
of the Attorney General’s Office
of Statewide Prosecution. Their
presentations were fast-paced and
covered a variety of important
issues in two short hours.
Judge Lucas began with a
40-minute presentation on civil
jury verdict forms. He explained
the importance of preparing an
accurate and comprehensive
verdict form and recommended
that practitioners begin earlier
than usual because of their
crucial importance. Judge Lucas
demonstrated the difficulty
of preserving a clear and
understandable record, and he
used several specific examples
to show how easy it can be to
unintentionally create a confusing
and indecipherable record. He
also emphasized the importance
of a clear and logical flow of
62
40-minute
directions to
information-
avoid error.
packed
Judge Lucas
presentation
explained that
on particular
a simplified
appellate
general verdict
considerations
was previously
related to jury
preferred, but
instructions and
the current trend
verdict forms.
in civil cases is
They explained
towards using
the key issues
a special
and highlighted
interrogatory
the topic does not
the leading cases
verdict to
receive a lot of attention,
related to the
preserve the
mixed standard
jury’s specific
but is near and dear
of review for
findings of fact.
to
the
heart
of
every
error in jury
Reviewing a
instructions and
general verdict,
jury trial lawyer.
the standard
an appellate
instructions and
court can only
their use; the
infer the jury’s
use of special (non-standard)
factual findings and overturn the
instructions and the parties’ rights
entire verdict. Special verdict
to some special instructions; and the
forms allow an appellate court a
preservation of error, including the
more reasoned review of a verdict
necessity of specific contemporaneous
based on a jury’s specific findings.
objections and the submission of
Special verdicts also allow an
alternate proposed instructions to
appellate court to overturn only
preserve certain issues for appeal.
erroneous portions of a verdict,
They covered in detail the types
possibly relieving the parties
of errors in civil and criminal jury
and trial court of a full retrial.
instructions and verdict forms and
Ms. Costello, a respected
addressed harmless versus harmful
prosecutor, gave an excellent
and fundamental error. Their
20-minute presentation on criminal
presentation materials are a
jury instructions. She shared the
goldmine for practitioners.
wisdom of a practitioner in the
We had our best attendance
trenches, pointing out common
ever at our section CLE this year,
pitfalls and suggesting strategies
and the room was full of energy
to avoid them. She also explained
for an engaging
the importance of the strategic
and valuable
bench brief, or “Supporting
two hours.
Memorandum of Law,” on difficult
We hope to see
legal issues that bear on particular
you next year.
jury instructions. The room was
full of young prosecutors and
public defenders in rapt attention
Author:
during her dynamic presentation.
Morgan W.
Judge Khouzam and Ms. Norse
Streetman –
led us to a strong finish with a
Streetman Law
28856099
© Can Stock Photo / kgtoh
SUMMER 2018
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HCBA LAWYER