Florida

Criminal Procedure

Criminal Procedure

Rule 3.780 – SENTENCING HEARING FOR CAPITAL CASES

(a)Evidence. In all proceedings based on section 921.141, Florida Statutes, the state and defendant will be permitted to present evidence of an aggravating or mitigating nature, consistent with the requirements of the statute and the notice requirements of Florida Rule of Criminal Procedure 3.181. Each side will be permitted to cross-examine the witnesses presented by the other side. The state will present evidence first.
(b)Rebuttal. The trial judge shall permit rebuttal testimony.
(c)Opening Statement and Closing Argument. Both the state and the defendant will be given an equal opportunity for one opening statement and one closing argument. The state will proceed first.

FL. R. Crim. P. 3.780

Amended by 200 So.3d 758, effective 9/15/2016; amended effective September 15, 2016; amended by 685 So.2d 1253, effective 1/1/1997; added by 343 So.2d 1247, effective 7/1/1977.

Committee Notes.

1977 Adoption. This is a new rule designed to create a uniform procedure that will be consistent with both section 921.141, Florida Statutes, and State v. Dixon, 283 So. 2d 1 (Fla. 1973).