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RULE 3.560. DISCHARGE OF JURORS

  • The court must discharge the jury after their verdict has been received.
  • The court can also discharge the jury if it finds there is no reasonable probability of them agreeing on a verdict (a "hung jury").
  • A jury may also be discharged if a "necessity exists," such as a juror becoming seriously ill.
  • The court can discharge the jury at any time if both the prosecutor and the defendant consent to the discharge.

After the jurors have retired to consider their verdict, the court shall discharge them from the cause when:

(a) their verdict has been received;

(b) on the expiration of such time as the court deems proper, if the court finds there is no reasonable probability that the jurors can agree on a verdict; or

(c) a necessity exists for their discharge.

The court may in any event discharge the jurors from the cause if the prosecuting attorney and the defendant consent to the discharge.

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1968 Adoption. Same as section 919.21, Florida Statutes, except (4) omitted.

1972 Amendment. Same as prior rule.

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