Florida Rule of Criminal Procedure 3.040 - COMPUTATION OF TIME | Syfert Law

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Florida Rule of Criminal Procedure 3.040

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RULE 3.040. COMPUTATION OF TIME
Computation of time shall be governed by Florida Rule of
General Practice and Judicial Administration 2.514, except for the
periods of time of less than 7 days contained in rules 3.130,
3.132(a) and (c), and 3.133(a).

Committee Notes

1968 Adoption. Taken from the Florida Rules of Civil
Procedure.

1972 Amendment. Same as prior rule.

1988 Amendment. The 1983 amendments resulted in the
reallocation of the time periods in rule 3.131 to rule 3.133, and also
added an important 5 day period in the new rule regarding pretrial
detention in rule 3.132.

Court Commentary

1975 Amendment. Underlined portion is the only change.
The effect is to remove the 72 hour provision of proposed rule 3.131
from the Saturday, Sunday, and legal holiday exception.

Cases Citing Rule 3.040

Total Results: 56

In Re Amendments to Florida Rules of Criminal Procedure

536 So. 2d 992, 1988 WL 143602

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 2517246

Cited 27 times | Published

shall be given to all defendants in all cases. RULE 3.040. COMPUTATION OF TIME In computing any period

Category: Criminal Procedure

Brantley v. Holloway

685 So. 2d 31, 1996 WL 691384

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1735120

Cited 9 times | Published

after sentencing was Sunday, June 9, 1996. Fla. R.Crim. P. 3.040. Thus, the trial court's reason for denying

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

by deleting reference to trial on affidavit. RULE 3.040. COMPUTATION OF TIME In computing any period

Category: Criminal Procedure

State v. Robinson

417 So. 2d 760

District Court of Appeal of Florida | Filed: Jul 23, 1982 | Docket: 1721947

Cited 7 times | Published

August 2, 1981, a Sunday. Accordingly, pursuant to Rule 3.040, Fla.R.Crim.P., defendant had until August 3

Category: Criminal Procedure

McCormick v. State

961 So. 2d 1099, 2007 WL 2188265

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 468676

Cited 5 times | Published

been considered as arriving on Day 60. See Fla. R.Crim. P. 3.040 (requiring that if the last day of a prescribed

Category: Criminal Procedure

State v. Thomas

659 So. 2d 1322, 1995 WL 521111

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 1748085

Cited 5 times | Published

excludes intervening weekends and holidays. See Fla. R.Crim.P. 3.040. Were it not for existing precedent, however

Category: Criminal Procedure

Whipple v. State

867 So. 2d 433, 2004 WL 182842

District Court of Appeal of Florida | Filed: Feb 2, 2004 | Docket: 380703

Cited 4 times | Published

2003 to file his motion for rehearing. See Fla. R.Crim. P. 3.040. As the motion was filed on June 23, 2003

Category: Criminal Procedure

State v. Garza

807 So. 2d 790, 2002 WL 254127

District Court of Appeal of Florida | Filed: Feb 22, 2002 | Docket: 1750735

Cited 4 times | Published

violation of the rule instead. [3] See Fla. R.Crim. P. 3.040.

Category: Criminal Procedure

State v. Naveira

768 So. 2d 1254, 2000 WL 1527927

District Court of Appeal of Florida | Filed: Oct 17, 2000 | Docket: 1525580

Cited 4 times | Published

rule 3.191 is contradicted by the language of rule 3.040, directing the exclusion from the time calculation

Category: Criminal Procedure

Ricci v. Parker

518 So. 2d 284, 1987 WL 621

District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 1777586

Cited 4 times | Published

trial date from Saturday to Monday, based on rule 3.040, does not trouble us. Historically, rule 3.191

Category: Criminal Procedure

In RE: AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, and the Florida Rules of Appellate Procedure-Electronic Service.

257 So. 3d 66

Supreme Court of Florida | Filed: Oct 25, 2018 | Docket: 8081303

Cited 3 times | Published

Committee Notes [No change] RULE 3.040. COMPUTATION OF TIME Computation of time

Category: Criminal Procedure

State v. Jones

332 So. 2d 699

District Court of Appeal of Florida | Filed: Jun 7, 1976 | Docket: 1691884

Cited 3 times | Published

November 11 by § 683.01(1), Florida Statutes. Rule 3.040, F.R.Cr.P., governs the computation of any period

Category: Criminal Procedure

State Ex Rel. Williams v. Bruce

327 So. 2d 51

District Court of Appeal of Florida | Filed: Jan 21, 1976 | Docket: 1364437

Cited 3 times | Published

issue for our determination is whether or not Rule 3.040, RCrP is applicable in computing the time period

Category: Criminal Procedure

In Re Florida Rules of Criminal Procedure

309 So. 2d 544, 1975 Fla. LEXIS 3698

Supreme Court of Florida | Filed: Mar 26, 1975 | Docket: 1770619

Cited 3 times | Published

BOYD, McCAIN, OVERTON and ENGLAND, JJ., concur. RULE 3.040. COMPUTATION OF TIME In computing any period

Category: Criminal Procedure

State v. Brown

308 So. 2d 655

District Court of Appeal of Florida | Filed: Mar 5, 1975 | Docket: 422666

Cited 3 times | Published

lack of jurisdiction. However, respondent cites Rule 3.040, RCrP which provides in part, that "the last

Category: Criminal Procedure

Griffith v. State

299 So. 2d 618

District Court of Appeal of Florida | Filed: Sep 6, 1974 | Docket: 1499541

Cited 3 times | Published

until the next day unless it is a legal holiday. Rule 3.040, FRCrP. On Monday, January 7, 1974, the appellant

Category: Criminal Procedure

McCray v. State

151 So. 3d 449, 2014 WL 2619882, 2014 Fla. App. LEXIS 9137

District Court of Appeal of Florida | Filed: Jun 13, 2014 | Docket: 60244453

Cited 2 times | Published

rule 2.514. See Fla. R. Civ. P. 1.090(a); Fla. R. Crim. P. 3.040; Fla. R. Civ. P. — S.V.P. 4.090(a); Fla

Category: Criminal Procedure

M.A.M. v. Vurro

2 So. 3d 388, 2009 WL 32416

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1644176

Cited 2 times | Published

of the action is not counted. See, e.g., Fla. R.Crim. P. 3.040 ("the day of the act or event from which

Category: Criminal Procedure

State v. Wilson

690 So. 2d 1361, 1997 WL 148667

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 1524664

Cited 2 times | Published

extensions, would be Monday, June 19, 1995. Fla. R.Crim. P. 3.040. However, on May 10, 1995, Wilson appeared

Category: Criminal Procedure

State v. Edwards

528 So. 2d 120, 1988 WL 71547

District Court of Appeal of Florida | Filed: Jul 14, 1988 | Docket: 1717693

Cited 2 times | Published

rule 3.191 has been construed in harmony with rule 3.040, see State ex rel. Williams v. Bruce, 327 So

Category: Criminal Procedure

In re Amendments to the Florida Rules of Judicial Administration

95 So. 3d 96, 37 Fla. L. Weekly Supp. 487, 2012 WL 2848890, 2012 Fla. LEXIS 2678

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60311352

Cited 1 times | Published

justice. See, e.g., Fla. R. Civ. P. 1.090(a); Fla. R.Crim. P. 3.040; Fla. R. Civ. P. Invol. Commit. 4.090(a);

Category: Criminal Procedure

Szewczyk v. State

31 So. 3d 967, 2010 Fla. App. LEXIS 4958, 2010 WL 1461578

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 2569487

Cited 1 times | Published

a Saturday, Sunday, nor legal holiday." Fla. R.Crim. P. 3.040; see also Fla. R.App. P. 9.420(f). This

Category: Criminal Procedure

State v. Gillis

876 So. 2d 703, 2004 Fla. App. LEXIS 9205, 2004 WL 1459457

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 64831381

Cited 1 times | Published

State, 811 So.2d 775 (Fla. 3d DCA 2002); Fla. R.Crim. P. 3.040, 3.191(p)(3) (2004). When the court dismissed

Category: Criminal Procedure

State v. Garber

726 So. 2d 338, 1999 WL 22479

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 1711580

Cited 1 times | Published

was a "legal holiday" within the meaning of Rule 3.040, Florida Rules of Criminal Procedure. On 20 November

Category: Criminal Procedure

Charles Redi-Mix, Inc. v. Phillips

580 So. 2d 166, 1991 WL 22530

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 1717005

Cited 1 times | Published

not be included. Rule 1.090(a) Fla.R.Civ.P., Rule 3.040 Fla.R. Crim.P., Rule 9.420(e) Fla.R.App.P. Id

Category: Criminal Procedure

In Re: Amendments to Florida Rule of Criminal Procedure 3.040

Supreme Court of Florida | Filed: Jul 10, 2025 | Docket: 70749421

Published

and no comments were received. We amend rule 3.040 as proposed by the CCSC. The references to particular

Category: Criminal Procedure

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

FLORIDA RULES OF CRIMINAL PROCEDURE RULE 3.040. COMPUTATION OF TIME Computation of time

Category: Criminal Procedure

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

FLORIDA RULES OF CRIMINAL PROCEDURE RULE 3.040. COMPUTATION OF TIME Computation of time

Category: Criminal Procedure

SAMEH SALIB SOLIMAN v. STATE OF FLORIDA

241 So. 3d 908

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304677

Published

timely move under rule 3.800(c). See also Fla. R. Crim. P. 3.040; Fla. R. Jud. Admin. 2.514(a)(1)(C). The

Category: Criminal Procedure

In Re AMENDMENTS TO RULES OF the SUPREME COURT RELATING TO ADMISSIONS TO the BAR

191 So. 3d 885, 41 Fla. L. Weekly Supp. 231, 2016 Fla. LEXIS 1047, 2016 WL 2908142

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065479

Published

reconsideration. This change is consistent with the rule 3-40.1 60-day deadline for filing' a petition for-

Category: Criminal Procedure

Thompson v. State

136 So. 3d 1270, 2014 WL 1622048, 2014 Fla. App. LEXIS 5970

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60239960

Published

2013, to file his rule 3.850 motion. See Fla. R.Crim. P. 3.040; Fla. R. Jud. Admin. 2.514(a)(1)(C). Although

Category: Criminal Procedure

State of Florida v. S.A., a child

133 So. 3d 506, 39 Fla. L. Weekly Supp. 83, 2014 WL 551989, 2014 Fla. LEXIS 650

Supreme Court of Florida | Filed: Feb 13, 2014 | Docket: 401649

Published

Compare Fla. R.Crim. P. 3.191 (p)(3), and Fla. R.Crim. P. 3.040, with Fla. R. Juv. P. 8.090(m)(3), and Fla

Category: Criminal Procedure

Day v. State

96 So. 3d 1090, 2012 WL 3822138, 2012 Fla. App. LEXIS 14845

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311419

Published

sentences imposed by the trial court was extended by rule 3.040 to December 1, 2008, making the motion to withdraw

Category: Criminal Procedure

Williams v. State

88 So. 3d 247, 2011 WL 4949931, 2011 Fla. App. LEXIS 16498

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308210

Published

February 1 fell on a Saturday). Affirmed. . Rule 3.040, titled "Computation of Time,” provides in relevant

Category: Criminal Procedure

Parker v. State

65 So. 3d 585, 2011 Fla. App. LEXIS 10902, 2011 WL 2685678

District Court of Appeal of Florida | Filed: Jul 12, 2011 | Docket: 60301743

Published

February 19, 2011, was a Saturday. See Fla. R.Crim. P. 3.040, 3.850(b). The record reflects that Appellant

Category: Criminal Procedure

KOVARICK v. State

64 So. 3d 193, 2011 Fla. App. LEXIS 10471, 2011 WL 2624433

District Court of Appeal of Florida | Filed: Jul 6, 2011 | Docket: 502595

Published

*194 and Kovarick's motion was timely. See Fla. R.Crim. P. 3.040 (stating that the period for computation

Category: Criminal Procedure

Mercer v. State

18 So. 3d 1236, 2009 Fla. App. LEXIS 15177, 2009 WL 3248102

District Court of Appeal of Florida | Filed: Oct 8, 2009 | Docket: 83259

Published

that, the motion was timely filed. See Fla. R.Crim. P. 3.040; Fla. R.Crim. P. 3.850(b); Haag v. State

Category: Criminal Procedure

Faller v. State

1 So. 3d 1291, 2009 Fla. App. LEXIS 1805, 2009 WL 530582

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 60224685

Published

file-stamped by the court on that date. See also Fla. R.Crim. P. 3.040.

Category: Criminal Procedure

Mayo v. State

977 So. 2d 732, 2008 WL 762493

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 2569828

Published

December 18, 2006, to file such motion. See Fla. R.Crim. P. 3.040. Under the mailbox rule, the appellant's

Category: Criminal Procedure

Florida Board of Bar Examiners re Amendments to Rules of the Supreme Court Relating to Admissions to the Bar

967 So. 2d 877, 32 Fla. L. Weekly Supp. 667, 2007 Fla. LEXIS 1904, 2007 WL 3024353

Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 64852991

Published

applicant to file an answer to Specifications. Rule 3-40.1 Dissatisfied with Board’s Recommendation. The

Category: Criminal Procedure

Shafer v. State

959 So. 2d 1269, 2007 Fla. App. LEXIS 10529, 2007 WL 1946886

District Court of Appeal of Florida | Filed: Jul 6, 2007 | Docket: 64851492

Published

was extended to February 20, 2007. See Fla. R.Crim. P. 3.040.

Category: Criminal Procedure

RJ Reynolds Tobacco Co. v. Kenyon

826 So. 2d 370, 2002 WL 1396061

District Court of Appeal of Florida | Filed: Jun 28, 2002 | Docket: 1662570

Published

See Fla. R.App. P. 9.020(h). [2] See Fla. R.Crim. P. 3.040, Fla. Prob. R. 5.042, Fla. R. Traf. Ct

Category: Criminal Procedure

Armas v. State

811 So. 2d 775, 2002 Fla. App. LEXIS 3044, 2002 WL 384520

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 64813507

Published

review denied, 767 So.2d 458 (Fla.2000). Following Rule 3.040’s dictate, the date on which the defendant files

Category: Criminal Procedure

State v. McFarland

747 So. 2d 481, 2000 Fla. App. LEXIS 99, 2000 WL 6126

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 64793332

Published

periods, we look to rule 3.040 of the Florida Rules of Criminal Procedure: Rule 3.040. Computation of Time

Category: Criminal Procedure

Hunt v. State

728 So. 2d 338, 1999 Fla. App. LEXIS 2518, 1999 WL 123647

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786814

Published

period ending on Saturday, March 7, as extended by rule 3.040 to the next regular weekday. We summarily affirm

Category: Criminal Procedure

Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar

712 So. 2d 766, 23 Fla. L. Weekly Supp. 295, 1998 Fla. LEXIS 1040, 1998 WL 289382

Supreme Court of Florida | Filed: Jun 4, 1998 | Docket: 64781410

Published

subject to review by the Court as specified under Rule 3-40. The Board’s findings, conclusions and recommendation

Category: Criminal Procedure

Brown v. State

695 So. 2d 1275, 1997 Fla. App. LEXIS 6988, 1997 WL 338841

District Court of Appeal of Florida | Filed: Jun 23, 1997 | Docket: 64774547

Published

[must] be excluded in the computation.” Fla. R.Crim. P. 3.040. See State v. Edwards, 528 So.2d 120 (Fla

Category: Criminal Procedure

Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar

695 So. 2d 312, 22 Fla. L. Weekly Supp. 308, 1997 Fla. LEXIS 730, 1997 WL 297683

Supreme Court of Florida | Filed: Jun 5, 1997 | Docket: 64774188

Published

this option is fully covered by rule 3-23.6(c)); rule 3-40.2 (notifies applicants of right to seek redress

Category: Criminal Procedure

Borghese v. State

694 So. 2d 148, 1997 Fla. App. LEXIS 6170, 1997 WL 291507

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 64773892

Published

November 13, 1995 to file his motion. Fla. R.Crim. P. 3.040. The record shows that Borghese’s motion

Category: Criminal Procedure

Rector v. State

668 So. 2d 1104, 1996 Fla. App. LEXIS 2014, 1996 WL 93677

District Court of Appeal of Florida | Filed: Mar 6, 1996 | Docket: 64762765

Published

So.2d 1105 (Fla. 1st DCA 1993). Furthermore, Rule 3.040, Florida Rules of Criminal Procedure, provides

Category: Criminal Procedure

Thomas v. Dyess

557 So. 2d 196, 1990 WL 15909

District Court of Appeal of Florida | Filed: Feb 21, 1990 | Docket: 1512219

Published

the last possible day for doing so. See Fla.R. Crim.P. 3.040. Again, there is no precedent establishing

Category: Criminal Procedure

Richardson v. State

540 So. 2d 133, 14 Fla. L. Weekly 529, 1989 Fla. App. LEXIS 899, 1989 WL 13968

District Court of Appeal of Florida | Filed: Feb 23, 1989 | Docket: 64641129

Published

May 23rd to timely file his motion. See Fla.R. Crim.P. 3.040 (“The last day of the period so computed

Category: Criminal Procedure

Guarnera v. State

436 So. 2d 313, 1983 Fla. App. LEXIS 20027

District Court of Appeal of Florida | Filed: Aug 10, 1983 | Docket: 64599075

Published

the motion was extended to 14 December 1981. Rule 3.040, Florida Rules of Criminal Procedure. The motion

Category: Criminal Procedure

Turner v. State

382 So. 2d 780, 1980 Fla. App. LEXIS 15882

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 64575646

Published

view that the term “legal holiday” as used in Rule 3.040, supra, refers to the legal holidays specified

Category: Criminal Procedure

Koehler Electrical Supply Co. v. Berkley

362 So. 2d 1043, 1978 Fla. App. LEXIS 16419

District Court of Appeal of Florida | Filed: Oct 4, 1978 | Docket: 64566371

Published

not be included. Rule 1.090(a) Fla.R. Civ.P., Rule 3.040 Fla.R.Crim.P., Rule 9.420(e) Fla.R.App.P. In

Category: Criminal Procedure

State v. Wilson

362 So. 2d 140, 1978 Fla. App. LEXIS 16318

District Court of Appeal of Florida | Filed: Sep 8, 1978 | Docket: 64565904

Published

Monday, January 23, to try the defendant. Fla.R.Crim.P. 3.040.

Category: Criminal Procedure