affirmative defenses florida rules of civil procedure affirmative defenses florida rules of civil procedure

for relief in a pleading must be asserted in the responsive pleading, if one is 0000001945 00000 n Purported affirmative defenses that do not satisfy this test are properly stricken. However, the Federal Rules of Civil Procedure do not allow this tactic or the assertion of boilerplate affirmative defenses. 448.101-105). Defendant is an individual seeking statutory and actual damages. 2d 642, 645 (Fla. 1972) (trial court properly struck affirmative defense which alleged only conclusions of law without supporting ultimate facts). The committee has, therefore, included all such claims in a single section. endstream endobj 420 0 obj <>/Metadata 32 0 R/Pages 29 0 R/StructTreeRoot 34 0 R/Type/Catalog/ViewerPreferences<>>> endobj 421 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 2/TrimBox[21.0 21.0 453.0 669.0]/Type/Page>> endobj 422 0 obj <> endobj 423 0 obj <> endobj 424 0 obj <> endobj 425 0 obj <> endobj 426 0 obj <> endobj 427 0 obj <> endobj 428 0 obj <> endobj 429 0 obj <> endobj 430 0 obj <> endobj 431 0 obj <>stream may move for judgment on the pleadings. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. 419 43 7 0 obj <> A motion making any of these responses must be made before pleading if a further pleading is permitted. A party served with a pleading stating a crosspetition against that party must serve a response to it within 20 days after service on that party. One may note that all these affirmative defenses were grounds of a motion to dismiss under Section 1, Rule 16 of the 1997 Rules of Civil Procedure. contracts 9. 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). F.S. elite top attorneys 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. These are: 1. Florida Bar-approved continuing legal education. self help 3. After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. 768.13(2)(b); no issue as to comparative negligence, 5(c). Champion, at 2122 (Alderman, J., concurring specially). Check out Florida Rule of Civil Procedure 1.140 When you " answer " the complaint, you may raise affirmative defenses Florida. litigation pleadings must be served within 10 days after service of the more definite statement (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. See also, Zito v. Wash. Fed. 0000006876 00000 n Specifically, Rule 11 of the Federal Rules of Civil Procedure states that a lawyer who presents to the court a "pleading, written motion, and other paper" confirms "to the best of the person's knowledge . The defense of lack of jurisdiction of the subject matter may be raised at any time. Chapter 7 2023 The Florida Bar. Defenses are set forth by a defendant in his answer to the complaint. (LogOut/ The following Model Verdict forms are included as examples of how issues can be submitted to the jury. Form 1.922 - SUBPOENA DUCES TECUM WITHOUT DEPOSITION. Payment (extinction of the claim or demand). 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. Affirmative defenses are not simple denials. 6). It also discusses waiver of defenses. Affirmative Defenses In Florida May 24, 2017 According to Rule 1.110 (d) of the Florida Rules of Civil Procedure, the following affirmative defenses must be raised when pleading to a preceding pleading: accord and satisfaction arbitration and award assumption of risk contributory negligence discharge in bankruptcy duress estoppel If contribution is found to be appropriate in tort actions other than for negligence (but see the title to Ch. crossclaim or a reply to a counterclaim. However, with the advent of special verdicts and . employee of the state sued in an official capacity must serve an answer to the <> The party raising the affirmative defense has the burden of proof on establishing that it applies. No defense or for judgment on the pleadings or a motion to strike under subdivision (f), 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. cannot reasonably be required to frame a responsive pleading, that party may My passion is to teach law and help law students achieve their utmost potential. Former recovery. A party served with a pleading stating a crossclaim . (2) The defenses of failure to state a cause of action or a legal 4. (3) The service of a motion under this rule, except a motion When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a 292 0 obj <>/Filter/FlateDecode/ID[<6FD88EB78787F54A88254FACC3503EBC><1F7D9737ED55C64B8AD9B7176D8A72BA>]/Index[278 35]/Info 277 0 R/Length 68/Prev 278791/Root 279 0 R/Size 313/Type/XRef/W[1 2 1]>>stream Res judicata (bar by prior judgment). 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. The defendant is prohibited from filing a motion for reconsideration of the denial nor may such denial be challenged by a petition for certiorari, prohibition, or mandamus. See Fla.R.Civ.P. <<9F03061B6BCCCB44A48A70020AC9FACE>]/Prev 194967/XRefStm 1612>> The boundaries of this cause of action, the persons who may recover, and the relationships that form the basis of recovery will be established by the courts of this state on a case-by-case basis. must be served within 10 days of service of the pleadings or statements. 768.13(2)(b) and comparative negligence, 6. this rule or, if the party has made no motion, in a responsive pleading except Gatt v. Keyes Corp., 446 So. responsive pleading or a more definite statement, the pleading or statement There are a myriad of legally recognized affirmative defenses under Florida law. A party served with a pleading [Last updated in June of 2022 by the Wex Definitions Team]. 278 0 obj <> endobj An affirmative defense to a criminal charge or a civil suit is a fact or group of facts that differ from those asserted by the prosecutor or plaintiff which, if successfully proven by the defendant, mitigates or entirely defeats the legal repercussions of the defendant's otherwise illegal actions. commercial lease 3d 1071, 1079 (Fla. 2014) (quotation omitted). 0 For example, in Florida self-defense is an affirmative defense but in Ohio, it is not. party does not present either by motion under subdivisions (b), (e), or (f) of Old Republic substantial matters of law intended to be argued must be stated specifically 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. 0000020160 00000 n homestead 7. 3d 1071, 1079 (Fla. 2014) (quoting St. Paul Mercury Ins. Model form of verdict for general negligence with apportionment of fault(revised February 1, 2018), Punitive Damage Instructions for Causes of Action Arising Prior to October 1, 1999, Emergency Medical Treatment Claims Instructions for Causes of Action Arising Prior to September 15, 2003, To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence. Prescription. H\n@=O1dK%i$/} )R&}pD*a>]-]M1}1]ckzbQkhmN(2?*?4^=>ip{}SP:0|;R(e6C^9uHbs.IK:^.Rw1rs9OMs5lKyyesk/9s|K+b`^ 5rd,tF83;2Hs9aOOEGxGxGxGxGxGXOA=SXOA=fYYOE=fYiVfYiVfYiVfYiVfYiVNXCC 1x1xn%2=c={k. The remedy of the plaintiff then is to file the appropriate special civil action under Rule 65. (1) A party waives all responses and objections that the party does not present either by motion under subdivisions (b), (e), or (f) or, if the party has made no motion, in a responsive pleading except as provided in subdivision (h)(2). (f) Motion to Strike. An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the claimants pleading, would nevertheless prevent or bar recovery by him. the Department of Financial Services or the defendant state agency has 30 days xn0. (e) Motion for More Definite Statement. of lack of jurisdiction of the subject matter may be raised at any time. Discussion of the defenses include information on elements, notable authority, jury instructions, and more. hb```HNAd`0p,+jbcH```||!/]a+c9B'dXra"LP[Ph#"ADH0v ;KNTg`ZH 1?`_mc`e`I` endobj Model form of verdict for emergency medical treatment; issue as to the applicability of F.S. The motion must point out the defects complained of and the details desired. (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. But you also need to know how to play defense. For example. determination must be deferred until the trial. 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. (2) (A) Except when sued pursuant to section 768.28, Florida No response or objection is waived by being joined with other responses or objections in a responsive pleading or motion. Affirmative defenses do not simply deny the facts of the opposing partys claim. If the dismissal is on an affirmative defense other than PURE, such as improper venue, then such dismissal is without prejudice. PARTIES 4. affirmative defenses to breach of fiduciary duty floridamr patel neurosurgeon cardiff 27 februari, 2023 . Affirmative defenses are the type of "yea, but.." defenses. 3e82,2?u^6;7R%6 (r eao9 m The boundaries of this tort, particularly when the claimant is a third party affected by conduct occurring between the defendant and another person, are not clearly defined. postpones its disposition until the trial on the merits, the responsive Respondents' Affirmative Defenses do not constitute an avoidance or affirmative defense under Rule 1.110, Rules of Civil Procedure. after the filing of the order or such other time as the court may fix, the A claim for contribution can be presented as a cross-claim in an injured partys case or as an independent action. All rights reserved. answer or reply must be asserted by motion to strike the defense within 20 days and that is the only form of verdict provided in the Florida Rules of Civil Procedure. prevailing party Unenforceability under the statute of frauds. 448.101105 (Floridas private-sector whistle-blower provisions). endobj Except for lack of subject-matter jurisdiction, res judicata, lis pendens, and prescription, an affirmative defense not pleaded in the answer is deemed waived. 1 & 2 (2022 ed.)" Whether the contribution claim is a cross-claim, a third party action or an independent claim, it should be submitted to the jury with a form of special verdict by which the jury determines the relative degrees of fault of the defendants and any third party (see, for example, Model Instruction No. I had the privilege of serving as a commissioner at the Legal Education Board. 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. hVmo6+~p""&bo s [2$M(QS-C7Ox|EFD"I$5" [:. For those litigating in federal courts, the rule is nothing new; in fact, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim. (d) Preliminary Hearings. If a pleading to (Section 1[g], Rule 41, Rules of Civil Procedure). The book provides useful forms for each affirmative . Nonetheless, it is believed that this procedural device may still be availed of under the 2020 Rules. after service of the answer or reply. objection is waived by being joined with other defenses or objections in a 0000022033 00000 n 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. 10. The burden of proof on an affirmative defense rests with the defendant who raises the defense. Ins. [] (a) When Presented. 2 0 obj If The reason is to curtail the defendants employment of dilatory tactics. The following Model Jury Instructions are included to illustrate the use of Florida Standard Jury Instructions. Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 12.140, provided this shall not limit amendments under rule 12.190 even if such grounds are sustained. Being an aggressive litigator is what a lot of clients want. The Law is Reason Free from Passion. pleader: (1) lack of jurisdiction over the subject matter, (2) lack of 0000008265 00000 n The plaintiff must serve an answer to a credit card Affirmative defenses are the type of yea, but.. defenses. subdivision (h)(2) of this rule. Change), You are commenting using your Facebook account. 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. Affirmative defenses are not simple denials. (f) Motion to Strike. The plaintiffs motion can hardly be characterized as dilatory, unlike the defendants motion for reconsideration of the denial of an affirmative defense. 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 . Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong. endobj 0000029650 00000 n Here, the court may defer resolution of the defense of prescription to the trial proper. DO NOT, therefore, rely on the Model Instructions for correct wording when preparing instructions. (e) Effect of Failure to Deny. (a) When Presented. 7. hbbd``b`$jS+`5! 2d 664 (Fla. 4th DCA 2008), andONeal v. Fla. A & M University, 989 So. these defenses must be made before pleading if a further pleading is permitted. This is an excellent case to learn about affirmative defenses. The tort of negligent infliction of emotional distress is recognized in Florida. 0000005047 00000 n 2d 503, 504 (Fla. 4th DCA 2003) (affirmative defenses are waived if not pled); Goldberger v. Regency Highland Condo. When you are served with a lawsuit, you receive a copy of the complaint. 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. settlement days after service on that party. Metropolitan Life Insurance Co. v. McCarson, 467 So.2d 277 (Fla. 1985). 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. moratorium In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; laches; license; payment; P. 1.110(d). 2d 483, 487 (Fla. 5th DCA 2002)). 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. 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. However, the affirmative defense known as laches was the topic of a prior article. (g) Consolidation of Responses. FAR/BAR Contract affirmative defenses to breach of fiduciary duty florida. Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. If the defendant however wants to set up a compulsory counterclaim, he should file an answer raising prescription as an affirmative defense and setting forth the counterclaim in the answer. and "Bar Q&A Remedial Law (2022 ed. <> 419 0 obj <> endobj An affirmative defense is adefensein which thedefendantintroducesevidence, which, if found to be credible, will negatecriminalliabilityorcivil liability, even if it is proven that the defendant committed the alleged acts. Rule 1.140(b) requires that "the substantial matters of law intended to be argued shall be stated specifically and with particularity." Fla. R. Civ. court may strike redundant, immaterial, impertinent, or scandalous matter from Form 1.923 - EVICTION SUMMONS/ RESIDENTIAL. SECOND AFFIRMATIVE DEFENSE The Association failed to properly serve the Complaint on Ms. Durrett in violation of the Florida Rules of Civil Procedure. 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. lacks jurisdiction of the subject matter may be made at any time. as provided in subdivision (h)(2). 0000016581 00000 n In other words, [t]he plaintiff is not bound to prove that the affirmative defense does not exist. State Farm Mut. "@H1u8z meta 112.3187-112.31895 (Floridas public-sector whistle-blower provisions). Model form of verdict for emergency medical treatment; issues as to both applicability of F.S. If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. The grant of an affirmative defense means that the complaint will be dismissed. If a reply is (Section 12[c], Rule 8, Rules of Civil Procedure). hil~80S?t1\[l=s?]^dpN*HsM7.~8_i.amnv}i%l){wy?_R7~`L;v:5mpQ# Cs_xj7TGz9EMU}Z;;=X8-Kr ^W`Gv`O yC>}8qC'd+YW\nK!c.\{Sy>xyyyyyyyyy 3 forth in the Florida Rules of Civil Procedure.9 Company B added the necessary material called for in the note to the form, i.e., the date of the release (which the form presumes is a written release), attaching and incorporating same to the defenses consistent with Rule 1.130(a), Florida Rules of Civil Procedure. On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard. (1) A party waives all defenses and objections that the [2] Note that a motion to hear affirmative defenses is a prohibited motion. These instructions should not be given if the plaintiff suffered an impact of any type. 0000007602 00000 n A discussion of each is beyond the scope of this article. different time is fixed by the court. cardholder agreement corporation Change). The denial of an affirmative defense means that the case shall proceed to trial. sarasota The hypothetical admission made by a defendant in an affirmative defense is not actually an admission but an assumption for purposes only of argument. 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. See also, Bliss v. Carmona, 418 So. 5. 2d 768, 771 (Fla. 4th DCA 2003) (quotation omitted). Florida Rules of Court Procedure To purchase a print copy of the Florida Rules of Procedure, go to the LexisNexis bookstore. The defendant had a mental infirmity, disease, or defect; and. As such, the trial court acted properly in striking the second affirmative defense.); Chris Craft Indust., Inc. v. Van Walkenberg, 267 So. and with particularity in the responsive pleading or motion. Section 800 Supplemental Matters, Qualification Instructions; revised December 4, 2014. adverse party may assert any defense in law or fact to that claim for relief at american rule which the adverse party is not required to serve a responsive pleading, the (e) Motion for More Definite Statement. 2d 17 (Fla. 1985); Zell v. Meek, 665 So. THIRD AFFIRMATIVE DEFENSE This is a frivolous action under Section 57.105, Florida Statutes, and is based on Sav. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. P. 1.140(b). Model form of verdict for personal injury damages, 2(b). <> 0000016978 00000 n When you receive a copy of the complaint, you have, You can read more about timetables and how a case proceeds by reading the, Check out Florida Rule of Civil Procedure 1.140. The Group A affirmative defenses are those mentioned in Sec. (g) Consolidation of Defenses. In such a case, the remedy of the plaintiff is to appeal. 2d 846, 850 (Fla. 2007). 0000037261 00000 n from it any defenses or objections then available to that party that this rule 0000017233 00000 n See Standard Jury Instructions in Contracts and Business Cases. 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. complaint or crossclaim, or a reply to a counterclaim, within 40 days after Slip and Fall, Premises Liability, and Other Negligence Claims, Unfair Debt Collection & Deceptive Business Practices. srq Being a litigious motion, the court is mandated to resolve the motion to dismiss within 15 days from its receipt of the opposition thereto or upon the expiration of the period to file the opposition. ~ 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).