The state or defendant may challenge an individual prospective juror before the juror is sworn to try the cause; except that the court may, for good cause, permit a challenge to be made after the juror is sworn, but before any evidence is presented.
RULE 3.310. TIME FOR CHALLENGE
- Challenges to an individual juror must be made before that juror is sworn to try the case.
- This means challenges are made after a juror is questioned, but before the final panel is sworn in together.
- For "good cause," the court may permit a challenge after a juror is sworn, but only if it is made before any evidence is presented.
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1968 Adoption. Save for the heading and for the inclusion of the phrase, “for cause or peremptorily,” the suggested rule is a transcription of the provisions of section 913.04, Florida Statutes.
1972 Amendment. Prior rule amended only by deleting some language felt by the committee to be superfluous.