0
Skip to Content
FloridaRule.com
Home
Civil Procedure
Criminal Procedure
Evidence
Florida Evidence Code
Federal Rules of Evidence
Appellate Procedure
Small Claims
About
FloridaRule.com
Home
Civil Procedure
Criminal Procedure
Evidence
Florida Evidence Code
Federal Rules of Evidence
Appellate Procedure
Small Claims
About
Home
Civil Procedure
Criminal Procedure
Folder: Evidence
Back
Florida Evidence Code
Federal Rules of Evidence
Appellate Procedure
Small Claims
About

RULE 3.370. REGULATION AND SEPARATION OF JURORS

  • The court has the discretion to sequester the jury (keep them together under supervision) at any point during the trial.
  • In non-capital cases, the judge decides whether to let jurors separate and go home during deliberations.
  • If jurors are allowed to separate, the judge must give them cautionary instructions not to discuss the case or consume media about it.
  • In capital cases, once deliberations begin, the jury MUST be sequestered until a verdict is reached, unless both the State and defendant waive this requirement.

(a) During Trial. After the jurors have been sworn they shall hear the case as a body and, within the discretion of the trial judge, may be sequestered. In capital cases, absent a showing of prejudice, the trial court may order that between the guilt and penalty phases of the trial the jurors may separate for a definite time to be fixed by the court and then reconvene before the beginning of the penalty phase.

(b) After Submission of Cause. Unless the jurors have been kept together during the trial the court may, after the final submission of the cause, order that the jurors may separate for a definite time to be fixed by the court and then reconvene in the courtroom before retiring for consideration of their verdict.

(c) During Deliberations. Absent exceptional circumstances of emergency, accident, or other special necessity or unless sequestration is waived by the state and the defendant, in all capital cases in which the death penalty is sought by the state, once the jurors have retired for consideration of their verdict, they must be sequestered until such time as they have reached a verdict or have otherwise been discharged by the court. In all other cases, the court, in its discretion, either on the motion of counsel or on the court’s initiative, may order that the jurors be permitted to separate. If jurors are allowed to separate, the trial judge shall give appropriate cautionary instructions.

Copied!
Back to Table of Contents

1968 Adoption.

(a) Taken from section 919.01, Florida Statutes.

(b) Taken from section 919.02, Florida Statutes.

1972 Amendment. (a) and (b) substantially the same as former rule 3.380, except that some language has been modernized. New provision permits nonsequestered jury to separate after receiving case for consideration.
Former rule 3.370 has been deleted as its substance is now contained in new Rules 3.150 through 3.153 on Joinder and Severance.

Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. We make no representations or warranties about the accuracy, completeness, or reliability of any content. Use of this website is at your own risk, and we are not liable for any losses or damages arising from reliance on the information provided.

contact

Sitemaps: https://www.floridarule.com/sitemap.xml

https://www.floridarule.com/html-sitemap

FloridaRule.com