3.391 - Selection of Foreperson of Jury
The court shall instruct the jurors to select one of their number foreperson.
Committee Notes
1968 Adoption. This rule was inserted in order to clarify the system of selecting jury foreman.
1972 Amendment. Same as former rule 3.390.
3.400 - Materials to Jury Room
(a) Discretionary Materials
The court may permit the jury, upon retiring for deliberation, to take to the jury room:
(1) a copy of the charges against the defendant;
(2) forms of verdict approved by the court, after being first submitted to counsel;
(3) all things received in evidence other than depositions. If the thing received in evidence is a public record or a private document which, in the opinion of the court, ought not to be taken from the person having it in custody, a copy shall be taken or sent instead of the original.
(b) Mandatory Materials
The court must provide the jury, upon retiring for deliberation, with a written copy of the instructions given to take to the jury room.
Committee Notes
1968 Adoption. (1) and (2) same as section 919.04(1) and (2), Florida Statutes. Section (3) was changed from the existing section 919.04(3) by adding to the things which should not be taken with or sent to the jury, written or recorded statements or confessions. It was felt by the committee that the present practice of allowing such things to be taken with the jury is unfair and emphasizes such statements or confessions to the jury. Since they are always read to the jury they should receive no additional emphasis than the testimony of any witness from the stand. [Court did not approve this change; the proposal was not adopted; and F.S.A. § 919.04(3) was transferred unchanged to Rule 1.400(c).]
1972 Amendment. (a) permits a copy of the indictment or information to be taken to the jury room. The committee deliberated at length about this provision but finally approved same. (b), (c), and (d) are same as former rule 3.400(a), (b), and (c) [but some terminology has been changed].
3.410 - Jury Request to Review Evidence or For Additional Instructions
(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).
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.
3.420 - Recall of Jury for Additional Instructions
The court may recall the jurors after they have retired to consider their verdict to give them additional instructions or to correct any erroneous instructions given them. The additional or corrective instructions may be given only after notice to the prosecuting attorney and to counsel for the defendant.
Committee Notes
1968 Adoption. Same as section 919.06, Florida Statutes.
1972 Amendment. Same as former rule.
3.430 - Jury Not Recallable to Hear Additional Evidence
After the jurors have retired to consider their verdict the court shall not recall the jurors to hear additional evidence.
Committee Notes
1968 Adoption. Same as section 919.07, Florida Statutes.
1972 Amendment. Same as prior rule.