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Florida Evidence Code
Federal Rules of Evidence
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Florida Evidence Code
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RULE 3.201. BATTERED-SPOUSE SYNDROME DEFENSE

  • A defendant intending to use the battered-spouse syndrome defense must give advance written notice to the State.
  • The notice must be filed no later than 30 days before trial.
  • The notice must contain a statement of particulars about the defense and a list of witnesses who will be used to establish it.
  • If the defendant fails to provide this notice, the court shall not admit any evidence offered to establish the defense.

(a) Battered-Spouse Syndrome. When in any criminal case it shall be intention of the defendant to rely on the defense of battered-spouse syndrome at trial, no evidence offered by the defendant for the purpose of establishing that defense shall be admitted in the case unless advance notice in writing of the defense shall have been given by the defendant as hereinafter provided.

(b) Time for Filing Notice. The defendant shall give notice of intent to rely on the defense of battered-spouse syndrome no later than 30 days prior to trial. The notice shall contain a statement of particulars showing the nature of the defense the defendant expects to prove and the names and addresses of the witnesses by whom the defendant expects to show battered-spouse syndrome, insofar as possible.

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