Florida Rules of Criminal Procedure., In re
| Decision Date | 01 March 1967 |
| Docket Number | No. 35433,35433 |
| Citation | 196 So.2d 124 |
| Parties | In re FLORIDA RULES OF CRIMINAL PROCEDURE. |
| Court | Florida Supreme Court |
Appended to this Order is a complete compilation of the Florida Rules of Criminal Procedure adopted pursuant to the power vested in this Court by Article V of the Florida Constitution, F.S.A. This compilation of the Florida Rules of Criminal Procedure shall govern all proceedings within the scope of these rules after midnight December 31, 1967. This compilation shall supersede all conflicting rules and statutes. All statutes not superseded hereby or in conflict herewith shall remain in effect as rules promulgated by the Supreme Court.
These rules shall be known and cited as Criminal Procedure Rules and may be abbreviated as "CrPR".
Also appended to this Order regarding the Florida Rules of Criminal Procedure are notes and comments of the Florida Court Rules Committee Sub-Committee on Rules of Criminal Procedure. These committee notes and comments are not a part of the formal Order and do not have force of law or approval of this Court. They are merely included for whatever benefit they may have to the bench and bar.
Adopted and approved by the Court en banc on March 1, 1967.
It is so ordered.
These rules shall govern the procedure in all criminal proceedings in state courts.
Committee Note: These rules are not intended to apply to municipal courts, but are intended to apply to all state courts where "crimes" are charged.
Purpose.--These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure and fairness in administration.
Committee Note: Substantially the same as Federal Rule 2.
(a) Service; When Required.--Every pleading subsequent to the initial indictment, information or affidavit upon which defendant is to be tried unless the court otherwise orders, and every order not entered in open court, every written motion unless it is one as to which a hearing ex parte is authorized, and every written notice, demand and similar paper shall be served on each party; however, nothing herein shall be construed to require that a plea of not guilty shall be in writing.
(b) Same; How Made.--Where under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by (c) Filing.--All original papers, copies of which are required to be served upon parties, must be filed with the court either before service or immediately thereafter.
mailing it to him at his last known address, or, if no address is known, by leaving it with the clerk of the court who shall place it in the court file. Delivery of a copy within this rule shall mean: handing it to the attorney or to the party; or, leaving it at his office with his secretary or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his usual place of abode with some person of his family above fifteen years of age and informing such person of the contents thereof. Service by mail shall be deemed complete upon mailing.
(d) Filing With the Court Defined.--The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and transmit them to the office of the clerk.
(e) Certificate of Service.--When any attorney shall in substance certify:
the certificate shall be taken as prima facie proof of such service in compliance with all rules of court and law.
Committee Note: Taken from rules of civil procedure.
In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is not to be included. The last day of the period so computed shall be counted, unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of a next day which is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed shall be less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
Committee Note: Taken from rules of civil procedure.
When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for good cause shown may, at any time, in its discretion (1) with or without notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made and notice after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not, except as provided by statute or elsewhere in these rules, extend the time for making a motion for new trial, for taking an appeal, or for making a motion for a judgment of acquittal.
Committee Note: Taken from rules of civil procedure.
A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof, shall be served on the adverse party a reasonable time before the time specified for the hearing.
Committee Note: Taken from rules of civil procedure.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.
Committee Note: This is the same as Rule 1.6(e), Florida Rules of Civil Procedure, except for the omission of subparagraph (c) of the civil rules which appears to be inapplicable to criminal cases.
RULE 1.080 PLEADINGS TO BE SIGNED BY ATTORNEY
Every written pleading or paper of a party represented by an attorney shall be signed in his individual name by such attorney, whose address shall be stated, and he may be required by an order of court to vouch for his authority to represent such party. Except when otherwise specifically provided by these rules, pleadings as such need not be verified or accompanied by affidavit. The signature of an attorney shall constitute a certificate by him that he has read the pleading or paper; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading or paper is not signed, or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading or paper had not been served.
Committee Note: Taken from rules of civil procedure.
RULE 1.090 PLEADINGS TO BE SIGNED BY UNREPRESENTED DEFENDANT
A defendant who has no attorney but represents himself shall sign his written pleading and state his address.
Committee Note: Taken from rules of civil procedure.
No attorney or other officer of court shall enter himself or be taken as bail or surety in any proceeding in court on pain of being considered in contempt.
Committee Note: This rule is the same as Rule 1.5(c), Rules of Civil Procedure.
The taking of television pictures or other photographs in or of the courtroom during the progress of judicial proceedings or radio broadcasting of judicial proceedings from the courtroom shall not be permitted by the court.
Committee Note: This is the same as Federal Rule 53, except for the addition of "television" and the insertion "or of" the courtroom. This proposal was adopted unanimously by the committee.
Each state judicial officer is a committing magistrate and may issue a warrant for the arrest of a person against whom a complaint, in writing and under oath, is made when the complaint states facts which show a violation of a criminal law. The magistrate may commit an offender to jail or recognize him to appear before the proper court at its next ensuing term to answer the charge in the complaint, or may discharge him from custody.
Committee Note: This is substantially the same as part of 901.01 (the remaining part should be retained as a statute). It differs from the statute by requiring the complaint to be in writing and by identifying the initiating instrument as a "complaint," thus adopting the federal terminology which is more meaningful and modern. Some doubt was expressed as to whether the terms of the statute incorporated in the rule are within the rule making power of the Supreme Court.
(a) A warrant may be issued for the arrest of a person designated in a written complaint, under oath, when the complaint states facts which show that such person violated a criminal law of this state, within the jurisdiction of the magistrate before whom the...
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