On the motion of either the state or the defendant or on its own motion, the court shall cause the jurors to be asked severally if the verdict rendered is their verdict. If a juror dissents, the court must direct that the jury be sent back for further consideration. If there is no dissent the verdict shall be entered of record and the jurors discharged. However, no motion to poll the jury shall be entertained after the jury is discharged or the verdict recorded.
RULE 3.450. POLLING THE JURY
- Either party or the court may ask to have the jury "polled" after the verdict is read.
- Polling is the process of asking each juror individually if the verdict announced is their true verdict.
- If any juror dissents, the court must send the entire jury back for further deliberations.
- A motion to poll the jury is waived if it is not made after the verdict is read but before the jury is discharged or the verdict is recorded.
1968 Adoption. Same as section 919.10, Florida Statutes, except elimination of polling jury after directed verdict in view of innovation of “judgment of acquittal.”
1972 Amendment. Same as prior rule.