Version: Florida Rules of Criminal Procedure

Introductory Material

• CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES

Sections

• I.SCOPE, PURPOSE, AND CONSTRUCTION
• II.GENERAL PROVISIONS
• III.PRELIMINARY PROCEEDINGS
• IV.ARRAIGNMENT AND PLEAS
• V.PRETRIAL MOTIONS AND DEFENSES
• VI.DISCOVERY
• VII.SUBSTITUTION OF JUDGE
• VIII.CHANGE OF VENUE
• IX.THE TRIAL
• X.CONDUCT OF TRIAL; JURY INSTRUCTIONS
• XI.THE VERDICT
• XII.POST-TRIAL MOTIONS
• XIII.JUDGMENT
• XIV.SENTENCE
• XV.EXECUTION OF SENTENCE
• XVI.CRIMINAL CONTEMPT
• XVII.POSTCONVICTION RELIEF
• XVIII.FORMS
• I.SCOPE, PURPOSE, AND CONSTRUCTION

Rules (156)

• RULE 3.010 SCOPE
• RULE 3.020 PURPOSE AND CONSTRUCTION
• RULE 3.025 STATE AND PROSECUTING ATTORNEY DEFINED18
• 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
• RULE 3.113 MINIMUM STANDARDS FOR ATTORNEYS IN FELONY CASES
• RULE 3.115 DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
• RULE 3.116 USE OF COMMUNICATION TECHNOLOGY
• 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 DEFENDANTS95
• 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 CAUSE220
• 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 FILED246
• 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 SELF- DEFENSE 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)276
• 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 TESTING386
• RULE 3.984 APPLICATION FOR CRIMINAL INDIGENT STATUS389
• 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 3.990 SENTENCING GUIDELINES SCORESHEET
• RULE 3.991 SENTENCING GUIDELINES SCORESHEETS (OCTOBER 1, 1995)
• RULE 3.992 CRIMINAL PUNISHMENT CODE SCORESHEET461 THE SCORE SHEETS CAN BE FOUND ON THIS WEBPAGE: https://www.floridabar.org/rules/ctproc/
• 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 3.996 APPLICATION FOR SENTENCE REVIEW HEARING