How Jury Trials Work in Civil Litigation in Florida 

How Jury Trials Work in Civil Litigation in Florida 

Civil jury trials are an important part of Florida’s judicial system, providing people with an opportunity to have their case decided by a jury of their peers. Unlike criminal trials, in which the state pursues a case against an individual, civil cases occur between individuals or groups concerning issues such as contractual disputes, personal injury claims, or monetary compensation. Most of these cases end through settlement negotiations or other alternative dispute methods, but some disputes proceed to a jury trial. 

This article outlines the important elements of civil jury trials in Florida, including jury selection, the trial process, verdict requirements, and jury decisions.

What Is a Civil Jury Trial?

A civil jury trial is a formal trial process in which a jury is presented with all the evidence and testimony on both sides of a case to make a decision. Whereas a bench trial is decided by a judge, a jury trial enables ordinary citizens to weigh the facts and render a decision based on the law as instructed by the court. These types of trials in Florida mostly involve monetary damages in cases such as personal injury, property disputes, or breach of contract.

The burden of proof in most civil cases in Florida is “preponderance of evidence,” meaning the plaintiff must prove their claims are more likely true than not. This differs from criminal cases in which the principle of  “beyond a reasonable doubt” applies.

When Are You Entitled to a Jury Trial in Florida?

Most civil cases in Florida are entitled to a jury trial. Cases that demand financial compensation are often given a jury trial. However, cases based on seeking equitable relief—like injunctions, declaratory judgments, or specific performance—are decided by a judge rather than a jury. Depending on the situation, cases involving both monetary and equitable relief could have a jury trial in regard to the monetary claims.

Under Florida Statutes § 40.01, parties in civil cases can demand a jury trial when the claim involves monetary damages. Rule 1.430 of the Florida Rules of Civil Procedure requires the demand for a jury trial to be in writing, and failure to make this demand in the allotted timeframe waives the right to a jury.

What are the Stages of a Jury Trial?

The process of a civil jury trial follows a number of steps that ensure the fairness of the trial and provide the other party with a platform to argue their case.

1. 1. Jury Selection (Voir Dire)

A jury trial starts with jury selection, often referred to as voir dire. Eligible Florida citizens from the local community are chosen randomly and called in to form pools of potential jurors. Both the attorney for the plaintiff and the defendant are usually allowed to question these potential jurors so they can determine whether or not they are fit to sit on the jury.

There are two kinds of challenges that can be conducted by the attorneys in the course of jury selection:

• Peremptory Challenges: These allow the attorney to exclude jury members without any given reason, although no discrimination can be applied.
• Challenges for Cause: These are applied to reject jurors who have shown the inability to be unbiased because of personal bias or prior affiliations they have with the case that is being tried.

In Florida, a civil jury typically is composed of six people, although more people can be seated to hear cases involving complex issues. Florida law prohibits juror exclusion based on race, gender, religion, or other protected characteristics (Florida Statutes § 40.013).

2. 2. Opening Statements

The trial officially begins with the opening statements, in which the attorney representing each party presents a summary of their case, including what they expect to prove and how they plan to prove it. The plaintiff goes first, followed by the defendant. Although the opening statements are not evidence, they set the stage and give a roadmap to the jurors about the testimony and exhibits that will be presented in the case. 

3. 3. Presentation of Evidence

One of the most important steps of the trial is the presentation of evidence. Both sides may provide witnesses, documents, and physical or digital evidence to prove their arguments. Then the trial proceeds with the examination of evidence:

• Direct Examination: A witness is questioned by the party who has called them under the process of direct examination to prove their version of the facts.
• Cross-Examination: The opposing party questions the other’s witness in order to challenge their credibility or highlight inherent flaws in the testimony.

The rules of evidence in Florida dictate which objects, people, and measurements may be admitted during the trial, provided that it is honest and focused on the relevant questions.

4. 4. Jury Instructions and Closing Arguments

Once all the evidence is presented, the judge instructs the jury on the applicable law, and then the two parties give their closing arguments. These arguments summarize the main points in the case and end by asking the jury to decide in their favor. This is the final chance for the attorneys to convince the jury. After the closing arguments are presented, the jury goes into deliberation. 

5. 5. Jury Deliberation and Verdict

In this process, the jury discusses the evidence behind closed doors. The jury will review all the evidence, check the credibility of the witnesses, and use the legal guidelines issued by the judge in order to determine whether or not they can deliver a verdict. 

Do Civil Trial Juries Have to Be Unanimous?

In Florida, the civil jury verdicts do not necessarily have to be unanimous. A majority decision suffices in most civil trials in Florida. However, there are some cases that require unanimous decisions. The requirement is as follows: .

• Six-member juries are often used in county courts and can make a decision when at least five of the individuals agree.
• Twelve-member juries are more common in circuit courts and need ten jurors to agree.

This is meant to increase efficiency by avoiding hung juries.

The jurors decide whether the plaintiff has proved their case or not, and the damages applicable. They render their verdict on the basis of the evidence presented and other legal principles stipulated in the trial.

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