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Evidence
Florida Evidence Code
Federal Rules of Evidence
Appellate Procedure
Small Claims
About
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RULE 3.780. SENTENCING HEARING FOR CAPITAL CASES

  • In the penalty phase of a capital trial, both sides can present evidence of aggravating and mitigating factors.
  • The State presents its evidence first. Rebuttal testimony is permitted.
  • Both the State and the defense are given one opening statement and one closing argument.
  • The State always proceeds first in both opening statements and closing arguments.

(a) Evidence. In all proceedings based on section 921.141, Florida Statutes, the state and defendant will be permitted to present evidence of an aggravating or mitigating nature, consistent with the requirements of the statute and the notice requirements of Florida Rule of Criminal Procedure 3.181. Each side will be permitted to cross-examine the witnesses presented by the other side. The state will present evidence first.

(b) Rebuttal. The trial judge shall permit rebuttal testimony.

(c) Opening Statement and Closing Argument. Both the state and the defendant will be given an equal opportunity for one opening statement and one closing argument. The state will proceed first.

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1977 Adoption. This is a new rule designed to create a uniform procedure that will be consistent with both section 921.141, Florida Statutes, and State v. Dixon, 283 So.2d 1 (Fla. 1973).

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