Florida

Criminal Procedure

Rule 3.010 – Scope
Rule 3.020 – PURPOSE AND CONSTRUCTION
Rule 3.025 – STATE AND PROSECUTING ATTORNEY DEFINED
Rule 3.030 – SERVICE AND FILING OF PLEADINGS AND DOCUMENTS
Rule 3.040 – COMPUTATION OF TIME
Rule 3.050 – ENLARGEMENT OF TIME
Rule 3.060 – TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING
Rule 3.080 – NONVERIFICATION OF PLEADINGS
Rule 3.090 – PLEADING CAPTIONS
Rule 3.111 – PROVIDING COUNSEL TO INDIGENTS
Rule 3.112 – MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES [Effective July 1, 2021]
Rule 3.113 – MINIMUM STANDARDS FOR ATTORNEYS IN FELONY CASES
Rule 3.115 – DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
Rule 3.120 – COMMITTING JUDGE
Rule 3.121 – ARREST WARRANT
Rule 3.125 – NOTICE TO APPEAR
Rule 3.130 – FIRST APPEARANCE
Rule 3.131 – PRETRIAL RELEASE
Rule 3.132 – PRETRIAL DETENTION
Rule 3.133 – PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY PRELIMINARY HEARINGS
Rule 3.134 – TIME FOR FILING FORMAL CHARGES
Rule 3.140 – INDICTMENTS; INFORMATIONS
Rule 3.150 – JOINDER OF OFFENSES AND DEFENDANTS
Rule 3.151 – CONSOLIDATION OF RELATED OFFENSES
Rule 3.152 – SEVERANCE OF OFFENSES AND DEFENDANTS
Rule 3.153 – TIMELINESS OF DEFENDANT’S MOTION; WAIVER
Rule 3.160 – ARRAIGNMENT
Rule 3.170 – PLEAS
Rule 3.171 – PLEA DISCUSSIONS AND AGREEMENTS
Rule 3.172 – ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA
Rule 3.180 – PRESENCE OF DEFENDANT
Rule 3.181 – NOTICE TO SEEK DEATH PENALTY
Rule 3.190 – PRETRIAL MOTIONS
Rule 3.191 – SPEEDY TRIAL
Rule 3.192 – MOTIONS FOR REHEARING
Rule 3.200 – NOTICE OF ALIBI
Rule 3.201 – BATTERED-SPOUSE SYNDROME DEFENSE
Rule 3.202 – EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL; NOTICE AND EXAMINATION BY STATE EXPERT
Rule 3.203 – DEFENDANT’S INTELLECTUAL DISABILITY AS A BAR TO IMPOSITION OF THE DEATH PENALTY
Rule 3.210 – INCOMPETENCE TO PROCEED: PROCEDURE FOR RAISING THE ISSUE
Rule 3.211 – COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT
Rule 3.212 – COMPETENCE TO PROCEED: HEARING AND DISPOSITION
Rule 3.213 – CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED WITH SENTENCING; DISPOSITION
Rule 3.214 – INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION
Rule 3.215 – EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED: PSYCHOTROPIC MEDICATION
Rule 3.216 – INSANITY AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS
Rule 3.217 – JUDGMENT OF NOT GUILTY BY REASON OF INSANITY; DISPOSITION OF DEFENDANT
Rule 3.218 – COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY
Rule 3.219 – CONDITIONAL RELEASE
Rule 3.220 – DISCOVERY
Rule 3.231 – SUBSTITUTION OF JUDGE
Rule 3.240 – CHANGE OF VENUE
Rule 3.250 – ACCUSED AS WITNESS
Rule 3.251 – RIGHT TO TRIAL BY JURY
Rule 3.260 – WAIVER OF JURY TRIAL
Rule 3.270 – NUMBER OF JURORS
Rule 3.280 – ALTERNATE JURORS
Rule 3.281 – LIST OF PROSPECTIVE JURORS
Rule 3.290 – CHALLENGE TO PANEL
Rule 3.300 – VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER
Rule 3.310 – TIME FOR CHALLENGE
Rule 3.315 – EXERCISE OF CHALLENGES
Rule 3.320 – MANNER OF CHALLENGE
Rule 3.330 – DETERMINATION OF CHALLENGE FOR CAUSE
Rule 3.340 – EFFECT OF SUSTAINING CHALLENGE
Rule 3.350 – PEREMPTORY CHALLENGES
Rule 3.360 – OATH OF TRIAL JURORS
Rule 3.361 – WITNESS ATTENDANCE AND SUBPOENAS
Rule 3.370 – REGULATION AND SEPARATION OF JURORS
Rule 3.371 – JUROR QUESTIONS OF WITNESSES
Rule 3.372 – JUROR NOTEBOOKS
Rule 3.380 – MOTION FOR JUDGMENT OF ACQUITTAL
Rule 3.381 – FINAL ARGUMENTS
Rule 3.390 – JURY INSTRUCTIONS
Rule 3.391 – SELECTION OF FOREPERSON OF JURY
Rule 3.400 – MATERIALS TO THE JURY ROOM
Rule 3.410 – Jury Request to Review Evidence or for Additional Instructions
Rule 3.420 – Recall of Jury for Additional Instructions

Rule 3.430 – Jury Not Recallable to Hear Additional Evidence
Rule 3.440 – RENDITION OF VERDICT; RECEPTION AND RECORDING
Rule 3.450 – POLLING THE JURY
Rule 3.451 – JUDICIAL COMMENT ON VERDICT
Rule 3.470 – PROCEEDINGS ON SEALED VERDICT
Rule 3.490 – DETERMINATION OF DEGREE OF OFFENSE
Rule 3.500 – VERDICT OF GUILTY WHERE MORE THAN ONE COUNT
Rule 3.505 – INCONSISTENT VERDICTS
Rule 3.510 – DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES
Rule 3.520 – VERDICT IN CASE OF JOINT DEFENDANTS
Rule 3.530 – RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT
Rule 3.540 – WHEN VERDICT MAY BE RENDERED
Rule 3.550 – DISPOSITION OF DEFENDANT
Rule 3.560 – DISCHARGE OF JURORS
Rule 3.570 – IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT
Rule 3.575 – MOTION TO INTERVIEW JUROR
Rule 3.580 – COURT MAY GRANT NEW TRIAL
Rule 3.590 – TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING
Rule 3.600 – GROUNDS FOR NEW TRIAL
Rule 3.610 – MOTION FOR ARREST OF JUDGMENT; GROUNDS
Rule 3.620 – WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE
Rule 3.630 – SENTENCE BEFORE OR AFTER MOTION FILED
Rule 3.640 – EFFECT OF GRANTING NEW TRIAL
Rule 3.650 – JUDGMENT DEFINED
Rule 3.670 – RENDITION OF JUDGMENT
Rule 3.680 – JUDGMENT ON INFORMAL VERDICT
Rule 3.690 – JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED
Rule 3.691 – POST-TRIAL RELEASE
Rule 3.692 – PETITION TO SEAL OR EXPUNGE
Rule 3.693 – PETITION TO SEAL OR EXPUNGE; HUMAN TRAFFICKING
Rule 3.694 – PETITION TO SEAL OR EXPUNGE; LAWFUL SELFDEFENSE EXPUNCTION
Rule 3.700 – SENTENCE DEFINED; PRONOUNCEMENT AND ENTRY; SENTENCING JUDGE
Rule 3.701 – SENTENCING GUIDELINES
Rule 3.702 – SENTENCING GUIDELINES (1994)
Rule 3.703 – SENTENCING GUIDELINES (1994 AS AMENDED)
Rule 3.704 – THE CRIMINAL PUNISHMENT CODE
Rule 3.710 – PRESENTENCE REPORT
Rule 3.711 – PRESENTENCE REPORT: WHEN PREPARED
Rule 3.712 – PRESENTENCE REPORT: DISCLOSURE
Rule 3.713 – PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES
Rule 3.720 – SENTENCING HEARING
Rule 3.721 – RECORD OF THE PROCEEDINGS
Rule 3.730 – ISSUANCE OF CAPIAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT
Rule 3.750 – PROCEDURE WHEN PARDON IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE
Rule 3.760 – PROCEDURE WHEN NONIDENTITY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE
Rule 3.770 – PROCEDURE WHEN PREGNANCY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING DEATH SENTENCE
Rule 3.780 – SENTENCING HEARING FOR CAPITAL CASES
Rule 3.781 – SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS
Rule 3.790 – PROBATION AND COMMUNITY CONTROL
Rule 3.800 – CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES
Rule 3.801 – CORRECTION OF JAIL CREDIT
Rule 3.802 – REVIEW OF SENTENCES FOR JUVENILE OFFENDERS
Rule 3.810 – COMMITMENT OF DEFENDANT; DUTY OF SHERIFF
Rule 3.811 – INSANITY AT TIME OF EXECUTION: CAPITAL CASES
Rule 3.812 – HEARING ON INSANITY AT TIME OF EXECUTION: CAPITAL CASES
Rule 3.820 – HABEAS CORPUS
Rule 3.830 – DIRECT CRIMINAL CONTEMPT
Rule 3.840 – INDIRECT CRIMINAL CONTEMPT
Rule 3.850 – MOTION TO VACATE; SET ASIDE; OR CORRECT SENTENCE
Rule 3.851 – COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED ON DIRECT APPEAL
Rule 3.852 – CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION
Rule 3.853 – MOTION FOR POSTCONVICTION DNA TESTING
Rule 3.984 – APPLICATION FOR CRIMINAL INDIGENT STATUS
Rule 3.9855 – JUROR VOIR DIRE QUESTIONNAIRE
Rule 3.986 – FORMS RELATED TO JUDGMENT AND SENTENCE
Rule 3.987 – MOTION FOR POSTCONVICTION RELIEF
Rule 3.9875 – MOTION FOR JAIL CREDIT
Rule 3.9876 – MOTION FOR CORRECTION OF SENTENCE
Rule 3.988 – SENTENCING GUIDELINES
Rule 3.989 – SWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL FORMS
Rule 3.9895 – HUMAN TRAFFICKING: SWORN STATEMENT; PETITION; AND ORDER TO EXPUNGE OR SEAL RECORDS
Rule 3.990 – SENTENCING GUIDELINES SCORESHEET
Rule 3.991 – SENTENCING GUIDELINES SCORESHEETS (OCTOBER 1, 1995)
Rule 3.992 – CRIMINAL PUNISHMENT CODE SCORESHEET
Rule 3.993 – FORMS RELATED TO CAPITAL POSTCONVICTION RECORDS PRODUCTION
Rule 3.994 – ORDER CERTIFYING NO INCARCERATION
Rule 3.995 – ORDER OF REVOCATION OF PROBATION / COMMUNITY CONTROL

Rule 3.251 – RIGHT TO TRIAL BY JURY

In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury in the county where the crime was committed.

FL. R. Crim. P. 3.251

Committee Notes.

1972 Adoption. Substance of Art. I, § 16, Florida Constitution.

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