How Jury Trials Work in Florida Civil Litigation

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, civil cases occur between individuals or groups concerning issues such as contractual disputes, personal injury claims, or monetary compensation. 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. In Florida, the burden of proof in most civil cases is preponderance of the 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 that demand financial compensation are entitled to a jury trial. However, cases based on seeking equitable relief, such as injunctions, declaratory judgments, or specific performance, are decided by a judge. Florida Statutes § 40.01 and Rule 1.430 govern the right to civil jury trials.

Jury Selection (Voir Dire)

Jury selection, known as voir dire, is the process by which attorneys and the judge question potential jurors to identify biases or conflicts of interest. Both sides may exercise a limited number of peremptory challenges to dismiss potential jurors without cause, and unlimited challenges for cause when bias is demonstrated. Florida civil cases typically use 6-member juries, except in capital cases.

Trial Stages

A civil trial proceeds through these stages: Opening Statements (each side outlines their case); Presentation of Evidence (witnesses, exhibits, expert testimony); Cross-Examination; Jury Instructions (the judge explains applicable law); Closing Arguments; and Jury Deliberation and Verdict.

Do Civil Trial Juries Have to Be Unanimous?

In Florida civil trials, juries do not need to be unanimous in all cases. For 6-member juries, a 5-1 vote is generally sufficient. For larger juries, a supermajority may be required. Understanding jury verdict rules is important for both plaintiffs and defendants managing their expectations in civil litigation. Contact Adam Ludwin at Ludwin Law Group for guidance on civil jury trial strategy in Florida.