Florida Criminal Procedure

Rules, Statutes, and Cases on Florida Criminal Procedure by Joe Bodiford, J.D., LL.M.

Pre-trial Rules

I. SCOPE, PURPOSE, AND CONSTRUCTION

RULE 3.010.  SCOPE
RULE 3.030.  PURPOSE AND CONSTRUCTION

RULE 3.025.  STATE AND PROSECUTING ATTORNEY DEFINED

II.  GENERAL PROVISIONS

RULE 3.030. SERVICE AND FILING OF PLEADINGS, PAPERS, 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 3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL OR E-MAIL
RULE 3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL, WHEN PERMITTED, OR ELECTRONIC MAIL
RULE 3.080. NONVERIFICATION OF PLEADINGS
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 3.115. DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE

III. PRELIMINARY PROCEEDINGS

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 DEFENDANTS
RULE 3.153. TIMELINESS OF DEFENDANT‘S MOTION; WAIVER

IV. ARRAIGNMENT AND PLEAS

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

V. PRETRIAL MOTIONS AND DEFENSES

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 MENTAL RETARDATION 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

VI. DISCOVERY
RULE 3.220. DISCOVERY


VII. SUBSTITUTION OF JUDGE
RULE 3.231. SUBSTITUTION OF JUDGE

VIII. CHANGE OF VENUE

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