New Rule For Fabre Cause Challenges Takes Effect

March 1, 2006

Florida Rule of Civil Procedure 1.431(c)(1) was amended and became effective March 1, 2006, to provide a statutory basis for a challenge for cause against a potential juror who is related (within the third degree) to a Fabre Defendant. The new rule reads, in pertinent part:

“Challenge for Cause. (1) On motion of any party, the court shall examine any prospective juror on oath to determine whether that person is related, within the third degree, to (i) any party, (ii) the attorney of any party, or (iii) any other person or entity against whom liability or blame is alleged in the pleadings…”

This is an expansion of the language in the rule which previously only referred to actual parties in the litigation.

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