Florida

Criminal Procedure

Criminal Procedure

Rule 3.410 – Jury Request to Review Evidence or for Additional Instructions

(a) If, after they have retired to consider their verdict, jurors request additional instructions or to have any testimony read or played back to them they may be conducted into the courtroom by the officer who has them in charge and the court may give them the additional instructions or may order the testimony read or played back to them. The instructions shall be given and the testimony presented only after notice to the prosecuting attorney and to counsel for the defendant. All testimony read or played back must be done in open court in the presence of all parties. In its discretion, the court may respond in writing to the inquiry without having the jury brought before the court, provided the parties have received the opportunity to place objections on the record and both the inquiry and response are made part of the record.
(b) In a case in which the jury requests to have the transcripts of trial testimony, the following procedures must be followed:

(1) The trial judge must deny the requests for transcripts.
(2) The trial judge must instruct jurors that they can, however, request to have any testimony read or played back, which may or may not be granted at the court’s discretion.
(3) In cases in which jurors make only a general request for transcripts, as opposed to identifying any particular witness’ testimony that they wish to review, the trial judge must instruct jurors that, if they request a read or play back, they must specify the particular trial testimony they wish to have read or played back.
(c) If, after being properly instructed in accordance with subdivision (b), the jurors request a read or play back of any trial testimony, the trial judge must follow the procedures set forth in subdivision (a).

FL. R. Crim. P. 3.410

Amended by 188 So.3d 764, effective 1/1/2016; amended by 104 So.3d 304, effective 1/1/2013; amended by 104 So.3d 304, effective 1/1/2013

Committee Notes.

1968 Adoption. Same as section 919.05, Florida Statutes.

1972 Amendment. This is the same as former rule 3.410, except that the former rule made it mandatory for the trial judge to give additional instructions upon request. The committee feels that this should be discretionary.