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Fla. R. Crim. P. 3.180

Presence of Defendant

activein force · 2026-07-13 – presentact-effective-date

(a) Presence of Defendant. In all prosecutions for crime the

defendant must be present:

(1) at first appearance;

(2) when a plea is made, unless a written plea of not

guilty has been made in writing under the provisions of rule

3.170(a);

(3) at any pretrial conference, unless the defendant’s

presence is waived in writing or on the record by the defendant or

by the defendant’s counsel with the defendant’s consent;

(4) at the beginning of the trial during the examination,

challenging, impaneling, and swearing of the jury;

(5) at all proceedings before the court when the jury is

present;

(6) when evidence is addressed to the court out of the

presence of the jury for the purpose of laying the foundation for the

introduction of evidence before the jury;

(7) at any view by the jury;

(8) at the rendition of the verdict; and

(9) at the pronouncement of judgment and the

imposition of sentence.

(b) Presence; Definition. A defendant is present for

purposes of this rule if the defendant has a meaningful opportunity

to be heard through counsel on the issues being discussed and the

defendant:

(1) is physically in attendance for the courtroom

proceeding;

(2) waives physical attendance in writing or on the

record for a proceeding that requires the defendant’s presence

under subdivision (a)(2) or (a)(9), the court accepts the wavier, and

the defendant appears by audio-video communication technology;

or

(3) appears by audio-video communication technology

for a first appearance hearing under rule 3.130.

(c) Defendant Absenting Self.

(1) Trial. If the defendant is present at the beginning of

the trial and thereafter, during the progress of the trial or before the

verdict of the jury has been returned into court, voluntarily absents

himself or herself from the presence of the court without leave of

court, or is removed from the presence of the court because of his

or her disruptive conduct during the trial, the trial of the cause or

the return of the verdict of the jury in the case shall not thereby be

postponed or delayed, but the trial, the submission of the case to

the jury for verdict, and the return of the verdict thereon shall

proceed in all respects as though the defendant were present in

court at all times.

(2) Sentencing. If the defendant is present at the

beginning of the trial and thereafter absents himself or herself as

described in subdivision (1), or if the defendant enters a plea of

guilty or no contest and thereafter absents himself or herself from

sentencing, the sentencing may proceed in all respects as though

the defendant were present at all times.

(d) Defendant May Be Tried in Absentia for

Misdemeanors. Persons prosecuted for misdemeanors may, at their

own request, by leave of court, be excused from attendance at any

or all of the proceedings aforesaid.

(e) Presence of Corporation. A corporation may appear by

counsel at all times and for all purposes.

History

Committee Notes 1968 Adoption. (a) The suggested rule is in great part a recopying of section 914.01, Florida Statutes: In (3) the words “at the beginning of the trial” are recommended for inclusion to avoid questions arising as to the necessity for the defendant’s presence at times other than upon trial, such as when the jury venire is ordered, etc. Subdivision (a)(8) is not in the present statute. However, it is deemed advisable to include it, as the several sections of chapter 921, Florida Statutes, particularly section 921.07, appear to impliedly or expressly require the defendant’s presence at such times. (c) The statute and the suggested rule make no distinction between capital and other cases. In all probability, however, were a person on trial for a capital case to escape during trial, a mistrial should be ordered if such person were not captured within a reasonable time. (d) It is suggested that this language be used rather than the all-inclusive general language of the present statute as to misdemeanor cases. (e) This provision does not appear in section 914.01, Florida Statutes, but it is a part of Federal Rule of Criminal Procedure 43. It is deemed useful to include it. 1972 Amendment. Same as prior rule except (3) added to conform to rule 3.220(k); other subdivisions renumbered.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
9460e87d5c88c933848c6890860d9a7a474ebc9a8ae210e11c3a4dfb361f3e5d
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Fla. R. Crim. P. 3.180 — Presence of Defendant · binding.law