Fla. Fam. L.R.P. 12.470
Fla. Fam. L.R.P. 12.470 - Exceptions
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Verbatim reference text. This is the full, unedited text of Fla. Fam. L.R.P. 12.470, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.
The court may add such other and further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The court on request must take and report the evidence in full unless it clearly appears that the evidence is not admissible on any ground or is privileged. The court may require the offer to be made outside the hearing of the trier of fact. (b) Filing. When documentary evidence is introduced in an action, the clerk or the judge must endorse an identifying number or symbol on it and when proffered or admitted in evidence, it must be filed by the clerk or judge and considered in the custody of the court and not withdrawn except with written leave of court. RULE 12.4501. JUDICIAL NOTICE In family cases, the court may take judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice. Opportunity to present evidence relevant to the propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until after judicial action has been taken. If judicial notice is taken under this rule, the court must, within 2 business days, file a notice in the pending case of the matters judicially noticed. For purposes of this rule, the term “family cases” has the same meaning as provided in the Florida Rules of General Practice and Judicial Administration. RULE 12.460. CONTINUANCES Continuances are governed by Florida Rule of Judicial Administration 2.545(e). If a continuance is sought on the ground of nonavailability of a witness, the motion must show when it is believed the witness will be available. RULE 12.470. EXCEPTIONS (a) Adverse Ruling. For appellate purposes, an exception is not necessary to any adverse ruling, order, instruction, or thing Family Law Rules of Procedure October 1, 2025 135 --- whatsoever said or done at the trial, prior to the trial, or after the verdict, that was said or done after an objection was made and considered by the trial court and that affected the substantial rights of the complaining party and that is assigned as error, other than as provided by rules 12.490 and 12.492. (b) Instructions to Jury. The Florida Standard Jury Instructions appearing on The Florida Bar’s website must be used by the trial judges of this state in instructing the jury in civil actions to the extent that the Standard Jury Instructions are applicable, unless the trial judge determines that an applicable Standard Jury Instruction is erroneous or inadequate. If the trial judge modifies a Standard Jury Instruction or gives other instruction as the judge determines necessary to accurately and sufficiently instruct the jury, on timely objection to the instruction, the trial judge must state on the record or in a separate order the legal basis for varying from the Standard Jury Instruction. Similarly, in all circumstances in which the notes accompanying the Florida Standard Jury Instructions contain a recommendation that a certain type of instruction not be given, the trial judge must follow the recommendation unless the judge determines that the giving of the instruction is necessary to accurately and sufficiently instruct the jury, in which event the judge must give the instruction as the judge deems appropriate and necessary. If the trial judge does not follow a recommendation of the Florida Standard Jury Instructions, on timely objection to the instruction, the trial judge must state on the record or in a separate order the legal basis of the determination. The parties may file written requests on the law that the court instruct the jury no later than at the close of the evidence. The court may then require counsel to appear before it to settle the instructions to be given. At that conference, all objections must be made and ruled on and the court must inform counsel of the instructions the court will give. No party may assign as error the giving of any instruction or the failure to give any instruction unless that party objects at the conference. The court may orally instruct the jury before or after the arguments of counsel and provide appropriate instructions during the trial. If the instructions are given before final argument, the presiding judge must give the jury final procedural instructions after final arguments are concluded Family Law Rules of Procedure October 1, 2025 136
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