The instructions in this section are based upon F.S. If a reply is (Section 13, Rule 15, Rules of Civil Procedure). move for a more definite statement before interposing a responsive pleading. Any other matter by way of confession and avoidance. A party may move to strike or the required, but the following defenses may be made by motion at the option of the My passion is to teach law and help law students achieve their utmost potential. Id. 0000003155 00000 n 2d 483, 487 (Fla. 5th DCA 2002)). Moreover, affirmative defenses must be asserted in the answer otherwise they are waived. These are: 1. 2d 664 (Fla. 4th DCA 2008) and ONeal v. Fla. A&M Univ., 989 So. american rule (e)Effect of Failure to Deny. required, the reply must be served within 20 days after service of the answer. endobj hbbd``b`$jS+`5! Model form of verdict for non-bifurcated punitive damage cases, 4. Fla. July 28, 2008) (right to jury trial pursuant to the private-sector whistle-blowers provisions,F.S. 2d 211, 212 (Fla. 3d DCA 1984). 419 0 obj <> endobj There are, however, some specific instructions that deal with issues unique to certain professions, such as instruction 402.4(d) (missing medical records) and instruction 402.12 (issues involved in certain legal malpractice claims). 9. For example. 0000001179 00000 n (Section 6, Rule 15 of the Rules of Civil Procedure). Remedy from the denial of an affirmative defense. Auto. Section 600: Substantive Instructions General A party served with a pleading stating a crosspetition against that party must serve a response to it within 20 days after service on that party. I presently teach Remedial Law Review at the FEU Institute of Law and at the University of Asia & the Pacific Institute of Law, and Civil and Criminal Procedure at the MLQU School of Law. :g2}X{EZYb"}6v{rk!eZVb>VNHebspqO ms7D@dx$/st.~6Q_=DM$+|L&9y+$3F1BRS)z(Kp?> 8Dty0w %,qi9:UFo33, '40Qaz|)3lt'?=GH;W8iU8. On the other hand, as to the Group B affirmative defenses, the court may conduct a summary hearing within 15 days from the filing of the answer. Co. v. Coucher, 837 So. 112.3187-31895);Rodriguez v. Casson-Mark Corp., 2008 WL 2949520 (M.D. 0000011111 00000 n Waterfall Victoria Grantor Trust II, Series G. v. McDonald. The book surveys nearly 90 affirmative defenses and all of the Rule 1.140 (b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. 27 febrero, 2023 . (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. (g) Consolidation of Defenses. Any ground not stated must be deemed to be waived except any ground showing that the court lacks jurisdiction of the subject matter may be made at any time. The matters raised by Respondents' Affirmative Defenses do not defeat The Florida Bar's claim. Click the icon above to call Gulisano Law now for a free consultation. 112.3187-112.31895 (Floridas public-sector whistle-blower provisions). Section 500: Damages (See Heirs of Cullado v. Gutierrez, 30 July 2019, e.b., Caguioa, J.). affirmative defenses to breach of fiduciary duty florida. srq Metropolitan Life Insurance Co. v. McCarson, 467 So.2d 277 (Fla. 1985). A party served with a pleading stating a crossclaim . (Section 12[e], Rule 8, Rules of Civil Procedure). x\YoIr&0ob?n@]:^,uf$Qh(5byZ$X>Yg]yEFEd~xvfnswoung~_g]*ku^@Xd|{[O~|2v+2[UnME53E^Sg+wF72\WKunz'C:b; 3d={h[[`=j) +[U1NM5&-?jOL\b2lxla]dY.N+Js|veqFo~tbZ/~z7~nkvun2Nl]XE4\6DSU1}bZwr#7mb;4t|8 NM^ H|8%X Y-Gqc\93dkmI+u\&qqK 6 0 obj [2] Note that a motion to hear affirmative defenses is a prohibited motion. Consequently, a mere denial of the allegations in a complaint cannot form the basis of an affirmative defense. responsive pleading or motion. 0000006114 00000 n The committee has therefore drafted the following special verdict forms. <<9F03061B6BCCCB44A48A70020AC9FACE>]/Prev 194967/XRefStm 1612>> The Group A affirmative defenses shall be motu proprio resolved by the court within 30 days from the filing of the answer. Any ground not 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. 0000004287 00000 n (3) The service of a motion under this rule, except a motion (1) A party waives all defenses and objections that the 3d 1071, 1079 (Fla. 2014) (quoting St. Paul Mercury Ins. 768.13(2)(b), 5(b). 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 Cady v. Chevy Chase Sav. H\@)rb'U!@.dJ\' In criminal trials, the . For example, in Florida self-defense is an affirmative defense but in Ohio, it is not. Discharge in bankruptcy. 4 0 obj There are a myriad of legally recognized affirmative defenses under Florida law. The defenses 1 to 7 in subdivision I obtained my law degree from the Ateneo de Manila School of Law. These instructions are in proper form for use in negligence actions. It also discusses waiver of defenses. 2d 832, 83334 (Fla. 1st DCA 1971) (Just as in the statement of a claim, the requirement of certainty will be insisted upon in the pleading of a defense.). A claim for contribution can be presented as a cross-claim in an injured partys case or as an independent action. (2) The defenses of failure to state a cause of action or a legal Nevertheless, the most common affirmative defenses are listed in Florida Rule of Civil Procedure 1.110. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. It is opined that this prohibition should be removed. Disclaimer | Sitemap | Privacy Policy |. hb```b``} wAX,S`"qw1>Q$0`vI-:|->\qiy#IS~^?HeP,%HMGTYfFi?Ux,sF7P 0 subdivision (h)(2) of this rule. Sav. (Section 1[g], Rule 41, Rules of Civil Procedure). Form 1.986(a). The plaintiff must serve an answer to a 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. (g) Consolidation of Responses. Nonetheless, it is believed that this procedural device may still be availed of under the 2020 Rules. F.S. xref Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. any pleading at any time. of lack of jurisdiction of the subject matter may be raised at any time. 75-198, Laws of Fla.), the instructions should be revised as necessary. These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions General, and Closing Instructions (Before Final Argument). 2d 664 (Fla. 4th DCA 2008), andONeal v. Fla. A & M University, 989 So. The denial of an affirmative defense means that the case shall proceed to trial. available to that party. (b) of this rule, whether made in a pleading or by motion, and the motion for Always refer to the standard instructions and forms provided in Parts I through VIII. 0000008358 00000 n You have to decide: do you go for it, or punt and trust your defense? Well, understanding affirmative defenses is an often overlooked part of probate and trust litigation. (a) When Presented. 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. %PDF-1.4 % % It is not enough for (Deleted November 19, 2021.). Release. "@H1u8z A defense is either negative or affirmative. Change). The reason for the difference is that the resolution of the Group A affirmative defenses does not generally require a full-blown trial. Change), You are commenting using your Facebook account. 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 . & Loan Assoc., 318 So. If a pleading sets forth a claim for relief to and "Bar Q&A Remedial Law (2022 ed. In this case, the remedy of the plaintiff would depend on whether the dismissal is with or without prejudice. Better Legal Talent and Quality Work than the Large Firms. 33401, 2023 by Pankauski Lazarus PLLC. I've authored two law books, "Primer-Reviewer on Remedial Law, Vols. prevailing party 760.01760.11. (Section 12[c], Rule 8, Rules of Civil Procedure). [3] The reason is that the compulsory counterclaim will be barred if not set up in the answer. 2d at 212 (The matters raised by Gatts affirmative defense simply denied the facts contained in the brokers complaint and did not raise any new matters to defeat the complaint. meta 2d 17 (Fla. 1985); Zell v. Meek, 665 So. 0000005047 00000 n Form 1.932 - OPEN ACCOUNT. service. 2d 583, 585 (Fla. 4th DCA 1984) (noting that failure to plead an affirmative defense waives that defense); Wooten, 327 So. The specific enumeration of Group B affirmative defenses is not exclusive because of the catch-all clause any other matter by way of confession and avoidance. Examples of other affirmative defenses are caso fortuito, nullity or voidability of the contract, vices of consent, and unenforceability of the contract under paragraphs 1 and 2 of Article 1403 of the Civil Code. The Group A affirmative defenses are those mentioned in Sec. The new Section 12(b), Rule 8 of the Rules of Civil Procedure further provides that [f]ailure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. Taken together with Section 1 of Rule 9, it is believed that an affirmative defense not set up in the original answer can no longer be raised in an amended answer if such defense was existing or available at the time of the filing of the original answer. Responses to the pleadings or statements must be served within 10 days of service of such pleadings or statements. must be served within 10 days of service of the pleadings or statements. Assn, Inc., 452 So. The committee made arbitrary decisions about various factors involved in each hypothetical case, and the Model Instructions are not intended to be incorporated entirely into a courts instruction. which the adverse party is not required to serve a responsive pleading, the Change), You are commenting using your Twitter account. 2023 The Florida Bar. (B) When sued pursuant to section 768.28, Florida Statutes, All rights reserved. postpones its disposition until the trial on the merits, the responsive A discussion of each is beyond the scope of this article. (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. An interesting question is how to set up the defense of prescription. 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. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Auto. 0000013798 00000 n 0000005132 00000 n No defense or order as it deems just. corporation (Section 12[d], Rule 8, Rules of Civil Procedure). 0000018860 00000 n tenant after the filing of the order or such other time as the court may fix, the credit card He is simply arguing that he has a good reason for having done so, and therefore should be excused from all criminal liability. 417.10 Affirmative Defense Failure to Mitigate Lost Wages; 417.11 Affirmative Defense After-Acquired Evidence; 417.12 Reduction of Damages to Present Value; . %%EOF 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. 448.101-105). Aristotle. 278 0 obj <> endobj 0000015289 00000 n 0000012536 00000 n Pankauski Lazarus PLLC represents clients throughout Florida, including the cities of West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Riviera Beach, North Palm Beach, Abacoa, Wellington, Lake Worth, Palm Beach Gardens, Jupiter, Greenacres, Deerfield Beach, Pompano Beach and Fort Lauderdale, as well as other communities in Palm Beach County, Broward County and Miami Dade County. Florida Rules of Court Procedure To purchase a print copy of the Florida Rules of Procedure, go to the LexisNexis bookstore. these defenses must be made before pleading if a further pleading is permitted. The reason is to curtail the defendants employment of dilatory tactics. (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. 0000003773 00000 n If a pleading to During the trial proper, the court may grant the affirmative defense if proved by the defendant. In fact, under Rule . See Standard Jury Instructions in Contracts and Business Cases. Rule 1.140 - DEFENSES (a) When Presented. Ins. 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. 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. 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. endobj The essence of impact is that the outside force or substance, no matter how large or small, visible or invisible, and no matter that the effects are not immediately deleterious, touch or enter into the plaintiffs body. Id. permits to be raised by motion, that party shall not thereafter make a motion this rule or, if the party has made no motion, in a responsive pleading except The Law is Reason Free from Passion. 0000001945 00000 n 10. Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." cardholder agreement 8 0 obj 0000000016 00000 n These are: 4. 0000009406 00000 n judgment in subdivision (c) of this rule must be heard and determined before 0000006973 00000 n A party served with a pleading endobj Because of this condition, the defendant: Did not know what he or she was doing or its consequences; or. The tort of negligent infliction of emotional distress is recognized in Florida. Defenses may either be negative or affirmative. 0000029650 00000 n (h) Waiver of Responses. As such, the trial court acted properly in striking the second affirmative defense.); Chris Craft Indust., Inc. v. Van Walkenberg, 267 So. 3. In addition, Rule 1.110(d) provides a catch-all for affirmative defenses appearing "on the face" of a pleading may be raised in a motion to dismiss under Rule 1.140(b). This section was unfortunately not re-enacted in the present Rules of Civil Procedure. 2d 642, 645 (Fla. 1972) (trial court properly struck affirmative defense which alleged only conclusions of law without supporting ultimate facts). Old Republic Professional negligence claims are, for the most part, similar. Under the Florida Rules of Civil Procedure, a party is not required to reply to the opposing party's affirmative defenses merely to deny them. (LogOut/ property taxes The Group B affirmative defenses are those mentioned in Section 5 (b), Rule 6 of the Rules of Civil Procedure. 1 0 obj <> Model form of verdict for emergency medical treatment; issue as to the applicability of F.S. (d) Preliminary Hearings. hbbd`b``3 A/` u Affirmative defenses are the type of yea, but.. defenses. kNr267I5$A+ZI^f}>rXh1GGpgz\,Z_a7h;,~~3^T_[pi~=& Section 300: Evidence Instructions 4q)F0 o & Loan, Inc., 528 So. Res judicata (bar by prior judgment). hVmo6+~p""&bo s [2$M(QS-C7Ox|EFD"I$5" [:. & If a party makes a motion under this rule but omits Form 1.923 - EVICTION SUMMONS/ RESIDENTIAL. (Section 5, Rule 6, Rules of Civil Procedure). 5 0 obj 0000006876 00000 n 3e82,2?u^6;7R%6 (r eao9 m different time is fixed by the court. Model form of verdict for emergency medical treatment; issues as to both applicability of F.S. See generally Willis v. Gami Golden Glades, LLC, 967 So. See also, Zito v. Wash. Fed. (3) If the court permits or requires an amended or responsive pleading or a more definite statement, the pleading or statement must be served within 10 days after notice of the courts action. days after service on that party. court may strike redundant, immaterial, impertinent, or scandalous matter from The pleading requirements for an affirmative defense under Florida law are similar to those required for a pleading seeking affirmative relief. H\n@=O1dK%i$/} )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. and with particularity in the responsive pleading or motion. 768.13(2)(b) and comparative negligence, 6. Former recovery. 2d 311, 313 (Fla. 5th DCA 1985). which a responsive pleading is permitted is so vague or ambiguous that a party awJ][xt9"9[8aNS8c%$Vx%1{!XbI)SdOIr%H|b>CAr(Eq.rQWQ\B|TJ:>EXzC],>_M+ , from it any defenses or objections then available to that party that this rule endstream endobj 460 0 obj <>/Filter/FlateDecode/Index[34 385]/Length 35/Size 419/Type/XRef/W[1 1 1]>>stream <>stream None of the following are complete verdicts and in some instances more than one of these forms might apply. endstream endobj 434 0 obj <> endobj 435 0 obj <> endobj 436 0 obj <>stream closings More Focus and Attention to Each Matter than the Small Firms. The grounds on which any of the enumerated defenses are based and the endobj Payment (extinction of the claim or demand). The responses in subdivisions (b)(1)(b)(7), whether made in a pleading or by motion, and the motion for judgment in subdivision (c) must be heard and determined before trial on application of any party unless the court orders that the hearing and determination will be deferred until the trial. litigation 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. substantial matters of law intended to be argued must be stated specifically 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. Examples of common affirmative defenses include statute of limitations and accord & satisfaction. 3. responsive pleading or a more definite statement, the pleading or statement Hence, under the 1997 Rules, these affirmative defenses, except for the three mentioned, could be resolved only during the trial proper. All rights reserved. 0000002785 00000 n Chapter 1 - Rules of Civil Procedure; updated January 19, 2023 Chapter 2 - Rules of General Practice and Judicial Administration; updated February 2, 2023 Chapter 3 - Rules of Criminal Procedure; updated January 1, 2023 Section 700: Closing Instructions sarasota V9@&Thx!+@tVbMH(Nl[d20 c`8 P$k66?Gv,ykspd`:; H007E~o0 | Payment (extinction of the claim or demand). Of course, the denial of the affirmative defense is not conclusive upon the defendant. 0000008832 00000 n lakewood ranch 7. 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. The party raising the affirmative defense has the burden of proof on establishing that it applies. 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. (Section 12[b], Rule 15). 312 0 obj <>stream See Fla.R.Civ.P. 3 0 obj 0000060863 00000 n Insanity is established when: ~ 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).

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