📄 Extracted Text (121,229 words)
FLORIDA RULES
OF
CRIMINAL PROCEDURE
2008
THE FLORIDA BAR
CONTINUING LEGAL EDUCATION PUBLCATIONS
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CITATIONS TO OPINIONS ADOPTING OR
AMENDING RULES
ORIGINAL ADOPTION, effective 1-1.68: 196 So.2d 124
OTHER OPINIONS:
Effective 2.28.68: 207 So.2d 430. Amended I.&40(aX4).
Effective 9-30-68: 211 So.2d 203. Amended 1.010, 1.120, 1.140(a)(2), 1.140(c)(2), 1.140(1), (o),1.150,
1.200, 1.220(f), 1.790(b), 1.840(a)(6).
Effective 12-4-70: 241 So.2d 691. Deleted 1.860.
Effective 2-24-71: 245 So.2d 33. Added 1.191.
Effective 8.19-71: 251 So.2d 537. Amended I.191(iX2).
Effective 12.13.71: 253 So.2d 421. Renumbered rules 1.XXX to 3.XXX; added 3.025.
Effective 2.1.73: 272 So.2d 65. Four-year-cycle revision.
Effective 2.1.73: 272 So.2d 513. Amended 3.140, 3.170.
Effective 5.11-73: 281 So.2d 204. Added 3.125.
Effective 1.16.74: 287 So.2d 678. Amended 3.460.
Effective 3.1.74: 289 So.2d 3. Amended 3.131(b).
Effective 7.18-74: 297 So.2d 301. Amended 3.125(j).
Effective 3.31-75: 309 So.2d 544. Amended 3.040, 3.131, 3.140(g).
Effective 7.11-75: 315 So.2d 172. Added 3.986.
Effective 7.1.77: 343 So.2d 1247. Four-year-cycle revision. Amended 3.125, 3.130, 3.131,3.140, 3.151,
3.171, 3.190, 3.191, 3.210, 3.220, 3.280, 3.350, 3.390, 3.505, 3.691,
3.692, 3.800, 3.850; added 3.172, 3.780; deleted 3.722.
Effective 7.1.77: 347 So.2d 434. Amended 3.125(m).
Effective 1.1.78: 353 So.2d 552. Amended 3.850; added 3.987.
Effective 5.1.79: 370 So.2d 764. Deleted 3.110.
Effective 7.1.79: 372 So.2d 449. Amended 3.080; deleted 3.025, 3.090, 3.100.
Effective 10-9-79: 375 So.2d 855. Former rules 3.210(a) and 3.210(e)(I)B(8) adopted as Transition
Rules 23(a) and (b).
Effective 1.1.80: 376 So.2d 844. Amended 3.111(e).
Effective 7.1.80: 389 So.2d 610. Amended 3.210; added 3.211B3.219.
Effective I.I.81: 389 So.2d 610. Four-year-cycle revision. Amended 3.111, 3.191,3.220, 3.300, 3.380,
3.590, 3.720, 3.800, 3.986; added 3.315; deleted 3.460.
Effective 10-1.81: 403 So.2d 979. Added 3.490, 3.510.
Effective II-I-81: 408 So.2d 207. Amended 3.986.
Effective 10-1.83: 436 So.2d 60. Amended 3.130, 3.131; added 3.132; renumbered 3.122 to 3.133.
Effective 10-1.83: 439 So.2d 848. Added 3.701, 3.988.
Effective 7.1.84: 451 So.2d 824. Amended 3.701, 3.988.
Effective 1.1.85: 460 So.2d 907. Amended 3.850.
Effective 1.1.85: 462 So.2d 386. Four-year-cycle revision. Amended 3.130, 3.160, 3.191, 3.390,
3.692, 3.989.
Effective 7.1.85: 468 So.2d 220. Amended 3.701, 3.988.
Effective 12-19.85: 481 So.2d 480. Amended 3.850.
Effective 10.1.86: 482 So.2d 311. Amended 3.701, 3.988.
Effective 4-24-86: 487 So.2d 1045. Amended 3.800(a).
Effective 7.17.86: 491 So.2d 1128. Amended 3.988(e).
Effective 11-13.86: 497 So.2d 643. Added 3.811.
Effective 11-26-86: 498 So.2d 875. Amended 3.220(d).
Effective 4.1.87: 503 So.2d 320. Added 3.851.
Effective 7.1.87: 509 So.2d 1088. Amended 3.701, 3.988.
Effective 12-31-87: 518 So.2d 256. Amended 3.010, 3.811; added 3.812.
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Effective 7.1.88: 522 So.2d 374. Amended 3.701, 3.988.
Effective 1.1.89: 536 So.2d 992. Four-year-cycle revision. Amended 3.040, 3.133, 3.172, 3.210, 3.211,
3.212, 3.213, 3.216, 3.217, 3.218, 3.219, 3.390, 3.710, 3.790; added
3.214; renumbered 3.214 to 3.215; deleted 3.740.
Effective 7.1.89: 542 So.2d 1330. Amended 3.191.
Effective 7.1.89: 544 So.2d 198. Amended 3.710, 3.988.
Effective 7.1.89: 550 So.2d 1097. Amended 3.220.
Effective 9-6-90,
and 1-1.91: 566 So.2d 770. Amended 3.701, 3.988.
Effective 4.1.91: 573 So.2d 826. Amended 3.133(b)(6) and renumbered as 3.134.
Effective 3.7.91: 576 So.2d 1307. Amended 3.701, 3.988.
Effective 11-7-91: 589 So.2d 271. Amended 3.701, 3.988.
Effective 12-15.91: 591 So.2d 173. Amended 3.130(a), 3.131(j).
Effective 3.26.92: 596 So.2d 1036. Amended 3.370.
Effective 5.28.92: 603 So.2d 1144. Amended 3.140, 3.986.
Effective -1-93: 606 So.2d 227. Four-year-cycle revisions. Numerous changes.
Effective I-1-93: 609 So.2d 465. Deleted 3.230.
Effective 2.11.93: 613 So.2d 1307. Amended 3.701(c), 3.988.
Effective 7.1.93: 615 So.2d 692. Amended 3.191(b).
Effective 10-21-93: 630 So.2d 172. Adopted emergency rule 3.201.
Effective 11-30-93: 628 So.2d 1084. Amended 3.701(c), 3.988(b)B(c).
Effective 12-2-93: 628 So.2d 1102. Amended 3.987.
Effective I-I.94: 626 So.2d 198. Amended 3.850, 3.851.
Effective 1.1.94: 628 So.2d 1084. Added 3.702, 3.990, amended 3.701.
Effective 1.1.94: 630 So.2d 552. Amended 3.133, 3.692, 3.986, 3.987, 3.989.
Effective 3.10.94: 633 So.2d 1056. Amended 3.170, 3.700.
Effective 6-16-94: 639 So.2d 15. Amended 3.692, 3.989.
Effective 6.1.95: 657 So.2d 1134. Amended 3.400.
Effective 10.1.95: 660 So.2d 1374. Adopted 3.703, 3.991.
Effective I-1-96: 674 So.2d 83. Adopted 3.202.
Effective 5-2-96: 654 So.2d 915. Amended 3.202.
Effective 7.1.96: 675 So.2d 1374. Amended 3.800.
Effective 10.1.96: 681 So.2d 666. Amended 3.220.
Effective 10.1.96: 685 So.2d 1213. Amended 3.703.
Effective 10-31-96: 683 So.2d 475. Adopted 3.852.
Effective I I-15.96: 684 So.2d 173. Amended 3.986.
Effective 1.1.97: 685 So.2d 1213. Amended 3.991.
Effective I.I.97: 685 So.2d 1253. Four-year-cycle revision. Adopted 3.090, 3.361; amended 3.170,
3.172, 3.180, 3.190, 3.212, 3.216, 3.780, 3.800, 3.850, 3.851, 3.986.
Effective 7.7.97: 696 So.2d 1171. Amended 3.703, 3.991.
Effective 4-2-98: 710 So.2d 961. Amended 3.220(h)(1).
Effective 4-2-98: 711 So.2d 27. Amended 3.702(d)(9)B(I0).
Effective 7.16.98: 719 Sold 873. Amended 3.111(dX2)B(3).
Effective 10-1-98: 721 So.2d 265. Adopted 3.704, 3.992.
Effective 10-1-98: 723 So.2d 163. Adopted 3.993; amended 3.852.
Effective 12-3.98: 724 So.2d 1162. Amended 3.220(h)(1), (3), 3.361.
Effective 12-10-98: 745 So.2d 319. Amended 3.380(b).
Effective 2.18.99: 745 So.2d 319. Amended 3.220(a).
Effective 5.27.99: 750 So.2d 592. Amended 3.850.
Effective 5.27.99: 747 So.2d 931. Amended 3.850(b).
Effective 7.1.99: 754 So.2d 640. Amended 3.852, 3.993.
Effective II-12-99: 760 So.2d 67. Amended 3.670, 3.700(b).
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Effective 11-12.99: 761 So.2d 1015. Amended 3.111(e), 3.800.
Effective 12.9.99: 763 So.2d 997. Amended 3.704(d).
Effective 1.1.00: 760 So.2d 67. Amended 3.670.
Effective 1.14.00: 763 So.2d 273. Readopted 3.850, 3.851, 3.852.
Effective 2-10-00: 763 So.2d 274. Amended 3.220(a).
Effective 7.1.00: 759 So.2d 610. Adopted 3.112.
Effective 10.19.00: 779 So.2d 1290. Amended 3.850(a).
Effective 11-22-00: 789 So.2d 262. Amended 3.850(g).
Effective 1.1.01: 794 So.2d 457. Four-year-cycle revision: Adopted 3.025; amended 3.030, 3.111,
3.125, 3.190, 3.191, 3.213, 3.217, 3.218, 3.219, 3.692, 3.800, 3.851,
3.986, 3.987, 3.989, 3.993.
Effective 9-26-01: 810 So.2d 826. Amended 3.704 and 3.992(a).
Effective 10-1-01: 797 So.2d 1213. Amended 3.851.
Effective 10-1-01: 802 So.2d 298. Amended 3.851, 3.852.
Effective 10-18-01: 807 So.2d 633. Adopted 3.853.
Effective 7.1.02: 820 So.2d 185. Amended 3.112.
Effective 9-19-02: 828 So.2d 999. Amended 3.851.
Effective 1.1.03: 837 So.2d 924. Two-year-cycle revisions. Adopted 3.994; amended 3.111, 3.170,
3.190, 3.361.
Effective 2-27-03: 842 So.2d 110. Committee note to 3.704(d)(14X8).
Effective 9-30-03: 857 So.2d 190. Suspended 3.853 deadline until further order of court.
Effective 9.15.04: 884 So.2d 934. Amended 3.853.
Effective 10.1.04: 875 So.2d 563. Adopted 3.203.
Effective 10.1.04: 887 So.2d 1090. Amended 3.111, 3.120, 3.121, 3.125, 3.130, 3.131, 3.133, 3.220,
3.852.
Effective 1.1.05: 886 So.2d 197. Amended 3.150, 3.191, 3.710, 3.800, 3.986; adopted 3.575, 3.995.
Effective 4-7-05: 900 So.2d 528. Amended 3.111, 3.220, 3.670; adopted 3.984.
Effective 7.1.05: 969 So.2d 285. Amended 3.984.
Effective 9.1.05: 911 So.2d 763. Amended 3.172(c).
Effective 9-29-05: 935 So.2d 1218. Amended 3.853(d).
Effective 9.21.06: 938 So.2d 977. Amended 3.853.
Effective 9.21.06: 938 So.2d 978. Amended 3.170, 3.172.
Effective 1.1.07: 942 So.2d 407. Amended 3.170, 3.180, 3.213, 3.640.
Effective 1.1.07: 945 So.2d 1124. Amended 3.590, 3.851.
Effective 2-8-07: 949 So.2d 196. Amended 3.800.
Effective 3.29-07: 953 So.2d 513. Amended 3.170, 3.172.
Effective 4.1.07: 948 So.2d 731. Amended 3.131, 3.132, 3.853.
Effective 4-19-07: 957 So.2d 1160. Amended 3.704, 3.992
Effective 5.3.07: 957 So.2d 1164. Amended 3.250; adopted 3.381
Effective 6.21.07: 959 So.2d 250. Amended 3.131, 3.170
Effective 7.5.07: 959 So.2d 1187. Amended 3.790
Effective 10-4-07: 967 So.2d 178. Amended 3.390, 3.400; adopted 3.371, 3.372, 3.9855.
Effective : 972 So.2d 862. Amended 3.992.
NOTE TO USERS: Rules in this pamphlet are current through 972 So.2d 862. Subsequent amendments, if any, can
be found at www.floridasupremecourtorg/decisionstrules.shtml.
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TABLE OF CONTENTS
I. SCOPE, PURPOSE, AND CONSTRUCTION
3.010. SCOPE
3.020. PURPOSE AND CONSTRUCTION
3.025. STATE AND PROSECUTING ATFORNEY DEFINED
II. GENERAL PROVISIONS
3.030. SERVICE OF PLEADINGS AND PAPERS
3.040. COMPUTATION OF TIME
3.050. ENLARGEMENT OF TIME
3.060. TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING
3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL
3.080. NONVERIFICATION OF PLEADINGS
3.090. PLEADING CAPTIONS
3.111. PROVIDING COUNSEL TO INDIGENTS
3.112. MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES
3.115. DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
III. PRELIMINARY PROCEEDINGS
3.120. COMMUTING JUDGE
3.121. ARREST WARRANT
3.125. NOTICE TO APPEAR
3.130. FIRST APPEARANCE
3.131. PRETRIAL RELEASE
3.132. PRETRIAL DETENTION
3.133. PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY
PRELIMINARY HEARINGS
3.134. TIME FOR FILING FORMAL CHARGES
3.140. INDICTMENTS; INFORMATIONS
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3.150. JOINDER OF OFFENSES AND DEFENDANTS
3.151. CONSOLIDATION OF RELATED OFFENSES
3.152. SEVERANCE OF OFFENSES AND DEFENDANTS
3.153. TIMELINESS OF DEFENDANT'S MOTION; WAIVER
IV. ARRAIGNMENT AND PLEAS
3.160. ARRAIGNMENT
3.170. PLEAS
3.171. PLEA DISCUSSIONS AND AGREEMENTS
3.172. ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA
3.180. PRESENCE OF DEFENDANT
V. PRETRIAL MOTIONS AND DEFENSES
3.190. PRETRIAL MOTIONS
3.191. SPEEDY TRIAL
3.200. NOTICE OF ALIBI
3.201. [BATTERED-SPOUSE SYNDROME DEFENSE]
3.202. EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL
TRIAL: NOTICE AND EXAMINATION BY STATE EXPERT
3.203. DEFENDANT'S MENTAL RETARDATION AS A BAR TO IMPOSITION OF THE DEATH
PENALTY
3.210. INCOMPETENCE TO PROCEED: PROCEDURE FOR RAISING THE ISSUE
3.211. COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT
3.212. COMPETENCE TO PROCEED: HEARING AND DISPOSITION
3.213. CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED
WITH SENTENCING: DISPOSITION
3.214. INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION
3.215. EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED:
PSYCHOTROPIC MEDICATION
3.216. INSANITY AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL
VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS
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3.217. JUDGMENT OF NOT GUILTY BY REASON OF INSANITY: DISPOSITION OF DEFENDANT
3.218. COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY
3.219. CONDITIONAL RELEASE
VI. DISCOVERY
3.220. DISCOVERY
VII. DISQUALIFICATION AND
SUBSTITUTION OF JUDGE
3.231. SUBSTITUTION OF JUDGE
VIII. CHANGE OF VENUE
3.240. CHANGE OF VENUE
IX. THE TRIAL
3.250. ACCUSED AS WITNESS
3.251. RIGHT TO TRIAL BY JURY
3.260. WAIVER OF JURY TRIAL
3.270. NUMBER OF JURORS
3.280. ALTERNATE JURORS
3.281. LIST OF PROSPECTIVE JURORS
3.290. CHALLENGE TO PANEL
3.300. VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER
3.310. TIME FOR CHALLENGE
3.315. EXERCISE OF CHALLENGES
3.320. MANNER OF CHALLENGE
3.330. DETERMINATION OF CHALLENGE FOR CAUSE
3.340. EFFECT OF SUSTAINING CHALLENGE
3.350. PEREMPTORY CHALLENGES
3.360. OATH OF TRIAL JURORS
3.361. WITNESS ATTENDANCE AND SUBPOENAS
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X. CONDUCT OF TRIAL; JURY INSTRUCTIONS
3.370. REGULATION AND SEPARATION OF JURORS
3.371 JUROR QUESTIONS OF WITNESSES
3.372 JUROR NOTEBOOKS
3.380. MOTION FOR JUDGMENT OF ACQUITTAL
3.381. FINAL ARGUMENTS
3.390. JURY INSTRUCTIONS
3.391. SELECTION OF FOREPERSON OF JURY
3.400. MATERIALS TO THE JURY ROOM
3.410. JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS
3.420. RECALL OF JURY FOR ADDITIONAL INSTRUCTIONS
3.430. JURY NOT RECALLABLE TO HEAR ADDITIONAL EVIDENCE
XI. THE VERDICT
3.440. RENDITION OF VERDICT; RECEPTION AND RECORDING
3.450. POLLING THE JURY
3.451. JUDICIAL COMMENT ON VERDICT
3.470. PROCEEDINGS ON SEALED VERDICT
3.490. DETERMINATION OF DEGREE OF OFFENSE
3.500. VERDICT OF GUILTY WHERE MORE THAN ONE COUNT
3.505. INCONSISTENT VERDICTS
3.510. DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES
3.520. VERDICT IN CASE OF JOINT DEFENDANTS
3.530. RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT
3.540. WHEN VERDICT MAY BE RENDERED
3.550. DISPOSITION OF DEFENDANT
3.560. DISCHARGE OF JURORS
3.570. IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT
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3.575. MOTION TO INTERVIEW JUROR
XII. POST-TRIAL MOTIONS
3.580. COURT MAY GRANT NEW TRIAL
3.590. TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE;
CUSTODY PENDING HEARING
3.600. GROUNDS FOR NEW TRIAL
3.610. MOTION FOR ARREST OF JUDGMENT; GROUNDS
3.620. WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE
3.630. SENTENCE BEFORE OR AFTER MOTION FILED
3.640. EFFECT OF GRANTING NEW TRIAL
XIII. JUDGMENT
3.650. JUDGMENT DEFINED
3.670. RENDITION OF JUDGMENT
3.680. JUDGMENT ON INFORMAL VERDICT
3.690. JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED
3.691. POST-TRIAL RELEASE
3.692. PETITION TO SEAL OR EXPUNGE
XIV. SENTENCE
3.700. SENTENCE DEFINED; PRONOUNCEMENT AND ENTRY; SENTENCING JUDGE
3.701. SENTENCING GUIDELINES
3.702. SENTENCING GUIDELINES (1994)
3.703. SENTENCING GUIDELINES (1994 as amended)
3.704. THE CRIMINAL PUNISHMENT CODE
3.710. PRESENTENCE REPORT
3.711. PRESENTENCE REPORT: WHEN PREPARED
3.712. PRESENTENCE REPORT: DISCLOSURE
3.713. PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES
3.720. SENTENCING HEARING
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3.721. RECORD OF THE PROCEEDINGS
3.730. ISSUANCE OF CAMAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT
3.750. PROCEDURE WHEN PARDON IS ALLEGED AS CAUSE FOR NOT
PRONOUNCING SENTENCE
3.760. PROCEDURE WHEN NONIDENTITY IS ALLEGED AS CAUSE FOR NOT
PRONOUNCING SENTENCE
3.770. PROCEDURE WHEN PREGNANCY IS ALLEGED AS CAUSE FOR NOT
PRONOUNCING DEATH SENTENCE
3.780. SENTENCING HEARING FOR CAPITAL CASES
3.790. PROBATION AND COMMUNITY CONTROL
3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES
XV. EXECUTION OF SENTENCE
3.810. COMMITMENT OF DEFENDANT; DUTY OF SHERIFF
3.811. INSANITY AT TIME OF EXECUTION: CAPITAL CASES
3.812. HEARING ON INSANITY AT TIME OF EXECUTION: CAPITAL CASES
3.820. HABEAS CORPUS
XVI. CRIMINAL CONTEMPT
3.830. DIRECT CRIMINAL CONTEMPT
3.840. INDIRECT CRIMINAL CONTEMPT
XVII. POSTCONVICTION RELIEF
3.850. MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
3.851. COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED
ON DIRECT APPEAL
3.852 CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION
3.853 MOTION FOR POSTCONVICTION DNA TESTING
XVIII. FORMS
3.984. APPLICATION FOR CRIMINAL INDIGENT STATUS
3.985. STANDARD JURY INSTRUCTIONS
3.9855 JUROR VOIR DIRE QUESTIONAIRE
3.986. FORMS RELATED TO JUDGMENT AND SENTENCE
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3.987. MOTION FOR POSTCONVICTION RELIEF
3.988. SENTENCING GUIDELINES
3.989. AFFIDAVIT, PETITION, AND ORDER TO EXPUNGE OR SEAL FORMS
3.990(a). SENTENCING GUIDELINES SCORESHEET
3.990(b). SUPPLEMENTAL SENTENCING GUIDELINES SCORESHEET
3.991(a). SENTENCING GUIDELINES SCORESHEET (OCTOBER I, 1995)
3.991(b). SUPPLEMENTAL SENTENCING GUIDELINES SCORESHEET (OCTOBER I, 1995)
3.992(a). CRIMINAL PUNISHMENT CODE SCORESHEET
3.992(b). SUPPLEMENTAL CRIMINAL PUNISHMENT CODE SCORESHEET
3.993. FORMS RELATED TO CAPITAL POSTCONVICTION RECORDS PRODUCTION
3.994. ORDER CERTIFYING NO INCARCERATION
3.995. ORDER OF REVOCATION OF PROBATION/COMMUNITY CONTROL
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I. SCOPE, PURPOSE, AND
CONSTRUCTION
RULE 3.010. SCOPE
These rules shall govern the procedure in all criminal proceedings in state courts including proceedings involving
direct and indirect criminal contempt, proceedings under rule 3.850, and vehicular and pedestrian traffic offenses insofar
as these rules are made applicable by the Florida Rules of Practice and Procedure for Traffic Courts. These rules shall
not apply to direct or indirect criminal contempt of a court acting in any appellate capacity. These rules shall not apply
to rules 3.811 and 3.812. These rules shall be known as the Florida Rules of Criminal Procedure and may be cited as
Fla. R. Crim. P.
Committee Notes
1968 Adoption. These rules arc not intended to apply to municipal courts. but arc intended to apply to all state courts where "crimes- arc
charged.
1972 Amendment Amended to provide for applicability of rules to vehicular traffic offences. when made so by the traffic court rules.
1992 Amendment. The rule is amended to refer to "Florida Rules of Criminal Procedure- and "Fla. R. Crim. P." rather than to "Rules of
Criminal Procedure" and "R. Crim. P." Although the Florida Bar Rules of Criminal Procedure already contains this language. the West
publications. Florida Rules of Court (1991) and Florida Criminal Law and Rules (1991). do not. The published version of nue 3.010. In re
Florida Rules ofCriminalProcedure. 272 So.2d 65 (Fla. 1973). and the single published amendment to the rule. In re Amendments to the Florida
Rules ofCriminal Procedure. 518 So.2d 256 (Fla. 1987). also do not contain these additions. The Florida Bar publication. Florida Criminal Rules
and Practice. in a commentary to rule 3.010. indicates that the Florida Supreme Court changed the citation form in an order cffcctivelanuary 1.
1977. The commentary indicates that the order stated in pertinent part:
In order to provide the clarity• of citations in briefs filed in this court and other legal writings, the following amendments to the procedural
rules adopted by this cowl pursuant to Article V. Section 2(a). of the Florida Constitution are hereby adopted.
• • •
The last sentence of Rule 3.010 of the Florida Rules of Criminal Procedure is amended as follows: "These Rules shall be known as the
Florida Rules of Criminal Procedure and may be cited as Fla. R. Crim. P."
However. these changes were apparently inadvertently omitted when the 1987 amendments were published. The proposed 1992 amendments
again incorporate into the rule the language set out in the coon's 1977 order.
The amendments would enable clearer identification of the rules and achieve consistency of style with other sets of court rules, in particular.
rule 9.800(i). Fla. R. App. P.. which provides that the proper citation to the Florida Rules of Criminal Procedure is Fla. R. Crim. P.
RULE 3.020. PURPOSE AND CONSTRUCTION
These rules are intended to provide for the just determination of every criminal proceeding. They shall be
construed to secure simplicity in procedure and fairness in administration.
Committee Notes
1968 Adoption. Substantially the same as Federal Rule 2.
1972 Amendment. Same as prior rule.
RULE 3.025. STATE AND PROSECUTING ATTORNEY DEFINED
Whenever the terms "state," "state attorney," "prosecutor." "prosecution." "prosecuting officer." or -prosecuting attorney"
are used in these rules, they shall be construed to mean the prosecuting authority representing the state of Florida.
Committee Notes
2000 Adoption. This provision is new. Its purpose is to include the Office of Statewide Prosecution as a
prosecuting authority under these rules. No substantive changes are intended by the adoption of this rule.
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II. GENERAL PROVISIONS
RULE 3.030. SERVICE OF PLEADINGS AND PAPERS
(a) Service; When Required. Every pleading subsequent to the initial indictment or information on which a
defendant is to be tried unless the court otherwise orders, and every order not entered in open court, every written
motion unless it is one about which a hearing ex parte is authorized, and every written notice, demand, and similar
paper shall be served on each party; however, nothing herein shall be construed to require that a plea of not guilty
shall be in writing.
(b) Same; How Made. When service is required or permitted to be made on a party represented by an attorney,
the service shall be made on the attorney unless service on the party is ordered by the court. Service on the attorney
or on a party shall be made by delivering a copy to the party or by mailing it to the party's last known address, or, if
no address is known, by leaving it with the clerk of the court who shall place it in the court file. Delivery of a copy
within this rule shall mean:
(1) handing it to the attorney or to the party; or
(2) leaving it at the attorney's office with the secretary or other person in charge; or
(3) if there is no one in charge, leaving it in a conspicuous place therein; or
(4) if the office is closed or the person to be served has no office, leaving it at the person's usual place of abode with
a family member above 15 years of age and informing that person of the contents. Service by mail shall be considered
complete upon mailing; or
(5) transmitting it electronically to each party with a cover sheet indicating the sender's name, bar number, firm,
address, telephone number, facsimile or modem number, and the number of pages transmitted. Electronic service
occurs when transmission of the last page is complete. Service by delivery or electronic transmission after 5:00 p.m.
shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.
(c) Filing. All original papers, copies of which are required to be served on parties, must be filed with the court
either before service or immediately thereafter.
(d) Filing with the Court Defined. The filing of pleadings and other papers with the court as required by these
rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed
with him or her, in which event the judge shall note thereon the filing date and transmit them to the office of the
clerk. Unless any rule expressly provides to the contrary, filing of pleadings and other papers with the court may be
made by electronic transmission provided for and in accordance with the Florida Rules of Judicial Administration.
(e) Certificate of Service. When any attorney shall in substance certify:
I do certify that a copy (copies) hereof (has) (have) been furnished to (here insert name or names) by (delivery)
(mail) on (date)
Attorney
the certificate shall be taken as prima facie proof of service in compliance with all rules of court and law.
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil Procedure.
EFTA01090721
1972 Amendment. Same as prior rule: (a) amended by deleting reference to trial on affidavit.
2000 Amendment. Fraudulent manipulation of electronically transmitted service should be considered contemptuous and dealt with by
appropriate sanctions by the court.
RULE 3.040. COMPUTATION OF TIME
In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable
statute, the day of the act or event from which the designated period of time begins to run is not to be included. The
last day of the period so computed shall be counted, unless it is a Saturday, Sunday, or legal holiday, in which event
the period shall run until the end of the next day that is neither a Saturday, Sunday, nor legal holiday. When the
period of time prescribed or allowed shall be less than 7 days, intermediate Saturdays, Sundays, and legal holidays
shall be excluded in the computation, except for the periods of time of less than 7 days contained in rules 3.130,
3.132(a) and (c), and 3.133(a).
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil Procedure.
1972 Amendment. Same as prior rule.
1988 Amendment. The 1983 amendments resulted in the reallocation of the time periods in rule 3.131 to rule 3.133. and also added an
important 5-day period in the new rule regarding pretrial detention in rule 3.132.
Court Commentary
1975 Amendment. Underlined portion is the only change. The effect is to remove the 72-hour provision of proposed rule 3.131 from the
Saturday. Sunday. and legal holiday exception.
RULE 3.050. ENLARGEMENT OF TIME
When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at
or within a specified time, the court for good cause shown may, at any time, in its discretion (I) with or without
notice, order the period enlarged if a request therefor is made before the expiration of the period originally
prescribed or extended by a previous order or (2) upon motion made and notice after the expiration of the specified
period, permit the act to be done when the failure to act was the result of excusable neglect; but it may not, except as
provided by statute or elsewhere in these rules, extend the time for making a motion for new trial, for taking an
appeal, or for making a motion for a judgment of acquittal.
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil Procedure.
1972 Amendment. Same as prior rule.
RULE 3.060. TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING
A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof,
shall be served on the adverse party a reasonable time before the time specified for the hearing.
Committee Notes
1968 Adoption. Taken from rules of civil procedure.
1972 Amendment. Same as prior rule.
ℹ️ Document Details
SHA-256
001be5faf4491f3bf1539b5f01f77537d7c9cb6ae135eb5b50166f85f552660d
Bates Number
EFTA01090709
Dataset
DataSet-9
Document Type
document
Pages
264
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