The court may, with the consent of the prosecuting attorney and the defendant, direct the jurors that if they should agree upon a verdict during a temporary adjournment of the court, the foreperson and each juror shall sign the same, and the verdict shall be sealed in an envelope and delivered to the officer having charge of the jury, after which the jury may separate until the next convening of the court. When the court authorizes the rendition of a sealed verdict, it shall admonish the jurors not to make any disclosure concerning it or to speak with other persons concerning the cause, until their verdict shall have been rendered in open court. The officer shall, forthwith, deliver the sealed verdict to the clerk. When the jurors have reassembled in open court, the envelope shall be opened by the court or clerk and the same proceedings shall be had as in the receiving of other verdicts.
RULE 3.470. PROCEEDINGS ON SEALED VERDICT
- A sealed verdict can only be authorized if both the prosecutor and the defendant consent.
- If a verdict is reached during adjournment, all jurors sign it, and it is sealed in an envelope given to the bailiff.
- The judge must admonish the jurors not to disclose their verdict until it is officially rendered in open court.
- When court reconvenes, the sealed verdict is opened, and the normal procedures for receiving a verdict (reading aloud, polling, etc.) must be followed for it to be valid.
1968 Adoption of Rule 3.470. Same as section 919.12, Florida Statutes.
1968 Adoption of Rule 3.480. Same as section 919.13, Florida Statutes.
1972 Amendment. Former rule 3.480 has been deleted, its substance now contained in rule 3.470. Substantially same as former rules 3.470 and 3.480.