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FL · rules

Fla. R. Crim. P. 3.410

Jury Request to Review Evidence or for Additional Instructions

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

(a) If, after they have retired to consider their verdict, jurors

request additional instructions or to have any testimony read or

played back to them they may be conducted into the courtroom by

the officer who has them in charge and the court may give them the

additional instructions or may order the testimony read or played

back to them. The instructions shall be given and the testimony

presented only after notice to the prosecuting attorney and to

counsel for the defendant. All testimony read or played back must

be done in open court in the presence of all parties. In its

discretion, the court may respond in writing to the inquiry without

having the jury brought before the court, provided the parties have

received the opportunity to place objections on the record and both

the inquiry and response are made part of the record.

(b) In a case in which the jury requests to have the

transcripts of trial testimony, the following procedures must be

followed:

(1) The trial judge must deny the requests for

transcripts.

(2) The trial judge must instruct jurors that they can,

however, request to have any testimony read or played back, which

may or may not be granted at the court’s discretion.

(3) In cases in which jurors make only a general

request for transcripts, as opposed to identifying any particular

witness’ testimony that they wish to review, the trial judge must

instruct jurors that, if they request a read or play back, they must

specify the particular trial testimony they wish to have read or

played back.

(c) If, after being properly instructed in accordance with

subdivision (b), the jurors request a read or play back of any trial

testimony, the trial judge must follow the procedures set forth in

subdivision (a).

History

Committee Notes 1968 Adoption. Same as section 919.05, Florida Statutes. 1972 Amendment. This is the same as former rule 3.410, except that the former rule made it mandatory for the trial judge to give additional instructions upon request. The committee feels that this should be discretionary.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
9aa61f2bc41917f844cfc0b7773a438ad6da2e385f205b4fa2da975f216473c9
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