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  • Writer's pictureLandon Stinson

401.21 BURDEN OF PROOF ON MAIN CLAIM (Florida Standard Jury Instruction)


"401.21 BURDEN OF PROOF ON MAIN CLAIM


If the greater weight of the evidence does not support [one or more of] (claimant’s) claim[s], your verdict should be for (defendant)(s) [on [that] [those] claim(s)].


[However, if the greater weight of the evidence supports [one or more of] (claimant’s) claim[s], then your verdict should be for (claimant) and against (defendant) [on [that] [those] claim(s).]

[However, if the greater weight of the evidence supports (claimant’s) claim against one [or] [both] [more] of the defendants, then you should decide and write on the verdict form the percentage of the total negligence of [both] [all] defendants that you apportion to each of them.]


NOTE ON USE FOR 401.21

Use the first paragraph in all cases. If there is an affirmative defense to the claim that is the subject of the instruction, do not use either of the bracketed paragraphs; instead, turn to instruction 401.22. If there is no affirmative defense, use the first or the second bracketed paragraph depending on whether there is one defendant or more than one.

(Revised February 1, 2018)"

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