FL · rules
Fla. R. Crim. P. 3.120
Committing Judge
Each state and county judge is a committing judge and may
issue a summons to, or a warrant for the arrest of, a person against
whom a complaint is made in writing and sworn to before a person
authorized to administer oaths, when the complaint states facts
that show that such person violated a criminal law of this state
within the jurisdiction of the judge to whom the complaint is
presented. The judge may take testimony under oath to determine if
there is reasonable ground to believe the complaint is true. The
judge may commit the offender to jail, may order the defendant to
appear before the proper court to answer the charge in the
complaint, or may discharge the defendant from custody or from
any undertaking to appear. The judge may authorize the clerk to
issue a summons.
History
Committee Notes 1968 Adoption. This is substantially the same as part of section 901.01, Florida Statutes. (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 rulemaking power of the Supreme Court. 1972 Amendment. Substantially same as former rule. Altered to incorporate the provision for testimony under oath formerly contained in rule 3.121(a), and authorize the execution of the affidavit before a notary or other person authorized to administer oaths.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
9a2328a4cd7bd10da1dbaad07e3c7417ae774f2136cf34e935c86f9a49f4ff95
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