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Criminal Procedure
Evidence
Florida Evidence Code
Federal Rules of Evidence
Appellate Procedure
Small Claims
About
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RULE 3.153. TIMELINESS OF DEFENDANT’S MOTION; WAIVER

  • A motion to sever offenses or co-defendants must be filed before trial.
  • If a motion for severance is not filed in a timely manner, the right to severance is waived.
  • The court may hear an untimely motion if the defendant was not aware of the grounds for severance before trial.
  • To preserve the issue for appeal, a defendant whose pretrial motion for severance was denied MUST renew the motion during trial.

(a) Timeliness; Waiver. A defendant’s motion for severance of multiple offenses or defendants charged in a single indictment or information shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for such a motion, but the court in its discretion may entertain such a motion at the trial. The right to file such a motion is waived if it is not timely made.

(b) Renewal of Motion. If a defendant’s pretrial motion for severance is overruled, the defendant may renew the motion on the same grounds at or before the close of all the evidence at the trial.

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1972 Adoption.

(a) Relates solely to defendant’s motion for severance. Florida has no similar rule.

(b) Florida has no similar rule.

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