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Instruction 416.30, Waiver, explains to the jury that waiver can be oral, written, or stem from the parties' conduct. To waive a right, the claimant 1) had to know the supposedly waived right existed; 2) knew the defendant could have performed the waived right; and 3) ?freely and intentionally? gave up the right.

90.206 Instructing jury on judicial notice. ?The court may instruct the jury during the trial to accept as a fact a matter judicially noticed.

Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of necessity in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of necessity.

See Florida Standard Jury Instruction 401.9. This Jury Instruction is to be used for the violation of both traffic and nontraffic regulations, ordinances, or codes where the violation constitutes evidence of negligence, for example: (1) building code violations, see Lindsey v. Bill Arflin Bonding Agency Inc., 645 So.

Not later than at the close of the evidence, the parties shall file written requests that the court instruct the jury on the law set forth in such requests. The court shall then require counsel to appear before it to settle the instructions to be given.

For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- ? tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).

A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection.

An Introduction: Attorney identifies themself (or not) A typical introduction: ?Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.? ... A theory of the case. One or two sentences which tell the jury what your case is about. Briefly tell the jury why they are there.

(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.