Florida Criminal Procedure

Rules, Statutes, and Cases

3.060. Time for Service of Motions and Notice of Hearing

RULE 3.060. TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING

A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof, shall be served on the adverse party a reasonable time before the time specified for the hearing.

COMMENTARY:  “Reasonable time” has varied meanings, depending on the party and the motion to be heard.  For instance, a motion pursuant to Fla. R. Crim. P. 3.220(c) to compel handwriting examples of a defendant is almost assuredly going to be granted.  Therefore, jumping up and down about having the motion handed to you in court is not really going to get you anywhere.  However, a substantive motion to suppress or dismiss, which requires the opponent of the motion to prepare, should be served well enough in advance of the hearing to not cause an accusation of “gamesmanship.”

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