RULE 2.451. USE OF ELECTRONIC DEVICES

(a) Electronic Devices Defined. An electronic device is any
device capable of making or transmitting still or moving
photographs, video recordings, or images of any kind; any device
capable of creating, transmitting, or receiving text or data; and any
device capable of receiving, transmitting, or recording sound.
Electronic devices include, without limitation, film cameras, digital
cameras, video cameras, any other type of camera, cellular
telephones, tape recorders, digital voice recorders, any other type of
audio recorders, laptop computers, personal digital assistants, or
other similar technological devices with the ability to make or
transmit video recordings, audio recordings, images, text, or data.

(b) Use of Electronic Devices by Jurors During
Proceedings Conducted In Person. If jurors participate in a court
proceeding in person, the following provisions govern:

(1) Electronic devices may be removed as directed by
the presiding judge from all members of a jury panel at any time
before deliberations, but such electronic devices must be removed
from all members of a jury panel before jury deliberations begin.
The electronic devices will be removed and appropriately secured by
the bailiff or other person designated by the chief judge.

(2) Any electronic devices removed from members of a
jury panel may be returned to the members of the jury panel during
recesses in the trial. When jurors are sequestered, the presiding
judge may determine whether the electronic devices will be removed
from jurors during any portion of sequestration.

(3) From the time a person reports for jury service until
the person is discharged from jury service, that person is prohibited
from using electronic devices for any of the following purposes:

(A) making or transmitting still or moving
photographs, audio recordings, video recordings, or images of any
kind of the court proceedings;

(B) transmitting or accessing text or data during
the court proceedings;

(C) transmitting or accessing text or data about
the case on which the juror is serving;
(D) researching, transmitting, or accessing
information about the case on which the juror is serving;

(E) otherwise communicating about the case on
which the juror is serving; or

(F) otherwise communicating about the jury
deliberations.

(4) Nothing in this rule is to be construed to limit or
impair the authority of a chief judge or presiding judge to grant
permission to a juror to retain his or her electronic device during
trial proceedings.

(5) The jury summons mailed to prospective jurors
should contain a notice that electronic devices will be removed from
all members of a jury panel before jury deliberations begin and as
directed by the presiding judge, may be removed at other stages of a
trial. At the beginning of the trial, the presiding judge should advise
the jury panel about the removal of electronic devices.

(c) Use of Electronic Devices by Jurors During
Proceedings Conducted by Audio-Video Communication
Technology. When prospective jurors participate in voir dire or
empaneled jurors participate in a trial through audio-video
communication technology as described in rule 2.530(c) and
authorized by another rule of procedure, the following provisions
govern:

(1) Presiding judges should ensure that the prospective
and empaneled jurors have the technical ability and means
necessary to connect to and participate in the court proceeding.

(2) Prospective and empaneled jurors may not use an
electronic device during a court proceeding, except for the sole
purpose of participating in the court proceeding, unless otherwise
authorized by the presiding judge. When empaneled jurors are
sequestered, the presiding judge may determine whether any
electronic devices may be used by those jurors during any portion
of sequestration.

(3) Prospective and empaneled jurors are subject to the
prohibitions specified in subdivision (b)(3).

(4) Nothing in this rule is to be construed to limit or
impair the authority of a chief judge or presiding judge to grant
permission to a prospective or an empaneled juror to use his or her
electronic device during a court proceeding.

(5) The jury summons mailed to prospective jurors who
may participate in voir dire or trial through audio-video
communication technology should contain a notice indicating that
electronic devices may not be used during those court proceedings
except for the sole purpose of participating in the court proceeding,
unless otherwise authorized by the presiding judge. The summons
should also indicate that the use of electronic devices may be
prohibited by a presiding judge during a period of sequestration. At
the beginning of voir dire and trial, the presiding judge should
advise the prospective and empaneled jurors about the prohibition
against using electronic devices during the court proceeding for any
purpose other than participating in the court proceeding.

(d) Use of Electronic Devices by Others.

(1) The use of electronic devices in a courtroom is
subject at all times to the authority of the presiding judge or quasi-
judicial officer to

(A) control the conduct of proceedings before the
court;

(B) ensure decorum and prevent distractions; and

(C) ensure the fair administration of justice in the
pending cause.
(2) The use of electronic devices in a courthouse or
court facility is subject at all times to the authority of the chief
judge to

(A) ensure decorum and prevent distractions;

(B) ensure the fair administration of justice; and

(C) preserve court security.

Committee Note

2013 Adoption. Subdivision (c), Use of Electronic Devices by
Others, parallels Florida Rule of General Practice and Judicial
Administration 2.450(a) regarding the use of electronic devices by
the media.
PART V. PRACTICE OF LAW

A. ATTORNEYS