FL · rules

Fla. R. Crim. P. 3.370

Regulation and Separation of Jurors

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

(a) During Trial. After the jurors have been sworn they shall

hear the case as a body and, within the discretion of the trial judge,

may be sequestered. In capital cases, absent a showing of prejudice,

the trial court may order that between the guilt and penalty phases

of the trial the jurors may separate for a definite time to be fixed by

the court and then reconvene before the beginning of the penalty

phase.

(b) After Submission of Cause. Unless the jurors have been

kept together during the trial the court may, after the final

submission of the cause, order that the jurors may separate for a

definite time to be fixed by the court and then reconvene in the

courtroom before retiring for consideration of their verdict.

of emergency, accident, or other special necessity or unless

sequestration is waived by the state and the defendant, in all

capital cases in which the death penalty is sought by the state, once

the jurors have retired for consideration of their verdict, they must

be sequestered until such time as they have reached a verdict or

have otherwise been discharged by the court. In all other cases, the

court, in its discretion, either on the motion of counsel or on the

court’s initiative, may order that the jurors be permitted to

separate. If jurors are allowed to separate, the trial judge shall give

appropriate cautionary instructions.

History

Committee Notes 1968 Adoption. (a) Taken from section 919.01, Florida Statutes. (b) Taken from section 919.02, Florida Statutes. 1972 Amendment. (a) and (b) substantially the same as former rule 3.380, except that some language has been modernized. New provision permits nonsequestered jury to separate after receiving case for consideration. Former rule 3.370 has been deleted as its substance is now contained in new Rules 3.150 through 3.153 on Joinder and Severance.

Provenance

Source: floridabar.org
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: 86e781fd3928fc9416eb6f7b3f2ad74058671df7819c242b9a8c55b759438be1

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