Florida Rule of Criminal Procedure 3.300 - VOIR DIRE EXAMINATION, OATH, AND | Syfert Law

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Florida Rule of Criminal Procedure 3.300

RULE 3.300. VOIR DIRE EXAMINATION, OATH, AND
EXCUSING OF MEMBER


(a) Oath. The prospective jurors shall be sworn collectively
or individually, as the court may decide. The form of oath shall be
as follows:

“Do you solemnly swear (or affirm) that you will answer
truthfully all questions asked of you as prospective jurors, so help
you God?”
If any prospective juror affirms, the clause “so help you God”
shall be omitted.

(b) Examination. The court may then examine each
prospective juror individually or may examine the prospective jurors
collectively. Counsel for both the state and defendant shall have the
right to examine jurors orally on their voir dire. The order in which
the parties may examine each juror shall be determined by the
court. The right of the parties to conduct an examination of each
juror orally shall be preserved.

(c) Prospective Jurors Excused. If, after the examination of
any prospective juror, the court is of the opinion that the juror is
not qualified to serve as a trial juror, the court shall excuse the
juror from the trial of the cause. If, however, the court does not
excuse the juror, either party may then challenge the juror, as
provided by law or by these rules.

Committee Notes

1968 Adoption.

(a) Save for the inclusion of the form of oath, the suggested
rule is a transcription of a part of section 913.02(1), Florida
Statutes. The form of oath paraphrases in pertinent part the oath
set out in section 913.11, Florida Statutes.

(b) The suggested rule is a transcription of the remainder of
section 913.02(1), Florida Statutes.

(c) Substantially same as section 913.02(2), Florida
Statutes.

1972 Amendment. (a) The language relating to competence to
serve as jurors deleted as superfluous, (c) amended for clarification
by inserting the clause “that such juror is not qualified to serve as a
trial juror” for the clause “that such juror is incompetent.”

1980 Amendment. As to examination by parties, this brings
rule 3.300(b) into conformity with Florida Rule of Civil Procedure
1.431(b). This rule also allows the court to examine each
prospective juror individually or collectively.

Cases Citing Rule 3.300

Total Results: 50

In Re Florida Rules of Criminal Procedure

272 So. 2d 65

Supreme Court of Florida | Filed: Jan 29, 1973 | Docket: 1755077

Cited 102 times | Published

shall be called. Committee Note: Same as prior rule 3.300; order of rule changed to improve chronology

Category: Criminal Procedure

King v. State

390 So. 2d 315

Supreme Court of Florida | Filed: May 8, 1980 | Docket: 1254274

Cited 69 times | Published

the state and the defendant consent. See Fla.R.Crim.P. 3.300(b). In addition, the objection also would

Category: Criminal Procedure

Smith v. State

866 So. 2d 51, 2004 WL 178582

Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 1680037

Cited 34 times | Published

not contend that the venire was unsworn or that rule 3.300 was violated but claims that a new trial is necessitated

Category: Criminal Procedure

State v. Silva

259 So. 2d 153

Supreme Court of Florida | Filed: Feb 22, 1972 | Docket: 471593

Cited 31 times | Published

unless otherwise ordered by the Court. FRCrP Rule 3.300, 33 F.S.A. Such an objection comes too late after

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

3.250 Rule 3.270 Rule 3.280 Rule 3.290 Rule 3.300 Rule 3.320 Rule 3.330 Rule 3.340 Rule

Category: Criminal Procedure

Jenkins v. State

824 So. 2d 977, 2002 WL 1906146

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1729381

Cited 28 times | Published

to individually examine the jurors. See Fla. R.Crim. P. 3.300(b) (stating that "[c]ounsel for both the

Category: Criminal Procedure

Peri v. State

426 So. 2d 1021, 39 A.L.R. 4th 454

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 1683796

Cited 23 times | Published

whether the juror is qualified to serve, see Fla.R.Crim.P. 3.300(b); Ritter v. Jimenez, 343 So.2d 659 (Fla

Category: Criminal Procedure

Alen v. State

596 So. 2d 1083, 1992 WL 38333

District Court of Appeal of Florida | Filed: Mar 3, 1992 | Docket: 8325

Cited 21 times | Published

rules of criminal and civil procedure, see Fla.R.Crim.P. 3.300; Fla.R.Civ.P. 1.431(c), or perhaps to the

Category: Criminal Procedure

Williams v. State

424 So. 2d 148

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 1708216

Cited 18 times | Published

of each juror orally shall be preserved. Fla.R.Crim.P. 3.300(b). [4] Loftin v. Wilson, 67 So.2d 185 (Fla

Category: Criminal Procedure

Pena v. State

829 So. 2d 289, 2002 WL 31322780

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 1454303

Cited 15 times | Published

29 Fla. 543, 10 So. 736 (1892); compare Fla. R.Crim. P. 3.300(a) with Fla. R.Crim. P. 3.360 (requiring

Category: Criminal Procedure

Seay v. State

286 So. 2d 532

Supreme Court of Florida | Filed: Nov 1, 1973 | Docket: 430530

Cited 14 times | Published

as being unconstitutionally drawn pursuant to Rule 3.300, F.R.Cr.Pr., and Sections F.S. 40.01(1) and (3)

Category: Criminal Procedure

Sanders v. State

707 So. 2d 664, 1998 WL 19195

Supreme Court of Florida | Filed: Jan 22, 1998 | Docket: 1259421

Cited 11 times | Published

being allowed to personally question the juror. Rule 3.300(b) provides that counsel for both the state and

Category: Criminal Procedure

Willacy v. State

640 So. 2d 1079, 1994 WL 178137

Supreme Court of Florida | Filed: May 12, 1994 | Docket: 1371651

Cited 10 times | Published

Willacy argues that the denial was a violation of rule 3.300(b) of the Florida Rules of Criminal Procedure

Category: Criminal Procedure

Jones v. State

378 So. 2d 797

District Court of Appeal of Florida | Filed: Dec 4, 1979 | Docket: 1795400

Cited 10 times | Published

the court and by counsel, is assured by Fla.R.Crim.P. 3.300(b). See also Barker v. Randolph, 239 So.2d

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

order of rule changed to improve chronology. RULE 3.300. VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF

Category: Criminal Procedure

Jones v. State

343 So. 2d 921

District Court of Appeal of Florida | Filed: Mar 15, 1977 | Docket: 1304246

Cited 8 times | Published

reasonable doubt, as specifically authorized by Rule 3.300(b), Fla.R.Crim.P. The fact that the trial judge

Category: Criminal Procedure

Moore v. State

368 So. 2d 1291

Supreme Court of Florida | Filed: Mar 8, 1979 | Docket: 2559806

Cited 7 times | Published

ADMINISTERED TO A LARGE PROSPECTIVE PANEL UNDER RULE 3.300(a) OR DOES THE TRIAL COMMENCE WHEN THE PANEL

Category: Criminal Procedure

Lott v. State

826 So. 2d 457, 2002 WL 31026948

District Court of Appeal of Florida | Filed: Sep 12, 2002 | Docket: 1197768

Cited 6 times | Published

questions regarding their qualifications. See Fla.R.Crim.P. 3.300(a). The defendant does not contend that the

Category: Criminal Procedure

Martin v. State

816 So. 2d 187, 2002 WL 832009

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 1753370

Cited 5 times | Published

record in some manner to establish compliance with rule 3.300. However, Martin failed to raise this objection

Category: Criminal Procedure

Ferrer v. State

718 So. 2d 822, 1998 WL 329436

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 1515115

Cited 5 times | Published

examination of prospective jurors by counsel. Fla. R.Crim. P. 3.300(b) ("Counsel for both the state and the

Category: Criminal Procedure

Williams v. State

744 So. 2d 1103, 1999 WL 791527

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 1380835

Cited 4 times | Published

Lavado v. State, 492 So.2d 1322 (Fla.1986); Fla. R.Crim.P. 3.300(b). We disagree. On this point, the record

Category: Criminal Procedure

Johnson v. State

268 So. 2d 544

District Court of Appeal of Florida | Filed: Nov 7, 1972 | Docket: 1739338

Cited 4 times | Published

any timely objection with regard thereto. See Rule 3.300 CrPR, 33 F.S.A., State v. Silva, Fla. 1972, 259

Category: Criminal Procedure

Miller v. State

785 So. 2d 662, 2001 WL 487087

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 539711

Cited 3 times | Published

conduct individual voir dire as authorized under rule 3.300, Florida Rules of Criminal Procedure. The trial

Category: Criminal Procedure

State v. May

332 So. 2d 146

District Court of Appeal of Florida | Filed: May 18, 1976 | Docket: 1314167

Cited 2 times | Published

administration of the oath prescribed therefor in Rule 3.300(a) RCrP, following which they were examined as

Category: Criminal Procedure

Harrison v. State

172 So. 3d 1018, 2015 Fla. App. LEXIS 13614, 2015 WL 5306230

District Court of Appeal of Florida | Filed: Sep 11, 2015 | Docket: 60250007

Cited 1 times | Published

*1022their voir dire which is guaranteed by Fla. R.Crim. P. 3.300(b). In construing this rule, we recently

Category: Criminal Procedure

Morris Publishing Group, LLC v. State

136 So. 3d 770, 42 Media L. Rep. (BNA) 1657, 2014 Fla. App. LEXIS 6169, 2014 WL 1665920

District Court of Appeal of Florida | Filed: Apr 25, 2014 | Docket: 60240084

Cited 1 times | Published

TRIAL,” which includes rules governing voir dire (Rule 3.300), juror oaths (Rule 3.360), and numerous rules

Category: Criminal Procedure

Howard v. State

869 So. 2d 725, 2004 WL 735437

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 1175366

Cited 1 times | Published

fulfill her obligations as a juror. See Fla. R.Crim. P. 3.300(b); Melendez v. State, 700 So.2d 791, 792

Category: Criminal Procedure

Davis v. State

848 So. 2d 418, 2003 WL 21471876

District Court of Appeal of Florida | Filed: Jun 27, 2003 | Docket: 1309334

Cited 1 times | Published

answers during the voir dire proceedings. See Fla. R.Crim. P. 3.300(a). He cites Fernandez v. State, 814 So

Category: Criminal Procedure

Gonsalves v. State

830 So. 2d 265, 2002 WL 31526487

District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 1516799

Cited 1 times | Published

are satisfied that there was compliance with rule 3.300(a). However, difficult problems were presented

Category: Criminal Procedure

Marlin v. State

268 So. 2d 548

District Court of Appeal of Florida | Filed: Nov 21, 1972 | Docket: 64528532

Cited 1 times | Published

PER CURIAM. Affirmed on the authority of Rule 3.300 CrPR, 33 F.S.A.; State v. Silva, Fla.1970, 259 So

Category: Criminal Procedure

Byron Davonne McMath v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186668

Published

collectively or individually. See Fla. R. Crim. P. 3.300(b). Courts interpret rule 3.300(b) to provide for a “reasonable”

Category: Criminal Procedure

LEOTON SEARS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620292

Published

fulfill the obligations of a juror. See Fla. R. Crim. P. 3.300(b), (c). While the trial court may also

Category: Criminal Procedure

CHRISTOPHER A. STRACHAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280859

Published

the guise that it would be repetitive.”); Fla. R. Crim. P. 3.300(b) (“Counsel for both the state and defendant

Category: Criminal Procedure

Bentley v. State

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240849

Published

5 for cause. See Fla. R. Crim. P. 3.300(c) and § 913.03, Fla. Stat. (2015) (addressing

Category: Criminal Procedure

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

-8- rule 3.300(d) (Voir Dire Examination, Oath, and Excusing

Category: Criminal Procedure

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

-8- rule 3.300(d) (Voir Dire Examination, Oath, and Excusing

Category: Criminal Procedure

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

-8- rule 3.300(d) (Voir Dire Examination, Oath, and Excusing

Category: Criminal Procedure

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

same reason, the Committee’s proposal to amend rule 3.300(d) (Voir Dire Examination, Oath, and Excusing

Category: Criminal Procedure

Perez-Sovias v. State

95 So. 3d 327, 2012 WL 3023170, 2012 Fla. App. LEXIS 11968

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311186

Published

question potential jurors, see Fla. R.Crim. P. Rule 3.300(b), he should have done so in English, and used

Category: Criminal Procedure

Mendez v. State

898 So. 2d 1141, 2005 Fla. App. LEXIS 4480, 2005 WL 735283

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 64837458

Published

thought defense counsel was “wasting time.”1 Rule 3.300(b) provides that “[c]ounsel for both the state

Category: Criminal Procedure

Martin v. State

898 So. 2d 1036, 2005 WL 562750

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1732335

Published

jurors were sworn before jury selection. Under rule 3.300(a), Florida Rules of Criminal Procedure, prospective

Category: Criminal Procedure

Mosely v. State

842 So. 2d 279, 2003 Fla. App. LEXIS 5422, 2003 WL 1877418

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822010

Published

their voir dire which is guaranteed by Fla. R.Crim. P. 3.300(b). In construing this rule, we recently

Category: Criminal Procedure

Roberts v. State

842 So. 2d 298, 2003 Fla. App. LEXIS 5413, 2003 WL 1877953

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822019

Published

panel was brought to court and sworn pursuant to rule 3.300(a) within the time provided under rule 3.191

Category: Criminal Procedure

Chavers v. State

827 So. 2d 279, 2002 Fla. App. LEXIS 12005, 2002 WL 1906207

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 64817870

Published

governed by clear rules. One such provision, rule 3.300(c), deals with the trial judge excusing prospective

Category: Criminal Procedure

Young v. State

700 So. 2d 153, 1997 Fla. App. LEXIS 11592, 1997 WL 631268

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64776120

Published

waive his asserted “right” to voir dire. See Fla.R.Crim.P. 3.300(b). Because *154the record clearly shows

Category: Criminal Procedure

Underwood v. State

388 So. 2d 1333, 1980 Fla. App. LEXIS 17389

District Court of Appeal of Florida | Filed: Oct 8, 1980 | Docket: 64578369

Published

may be a subtle distinction in the language of Rule 3.300(b) where it provides for the court to “examine”

Category: Criminal Procedure

Florida Bar

389 So. 2d 610, 1980 Fla. LEXIS 4378

Supreme Court of Florida | Filed: Jul 18, 1980 | Docket: 64578555

Published

recorded or oral statements made by the accused. RULE 3.300: VOIR DIRE EXAMINATION: OATH AND EXCUSING OF

Category: Criminal Procedure

Moore v. State

358 So. 2d 1129, 1978 Fla. App. LEXIS 15489

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 64564554

Published

be sworn on a Monday, in accordance with Fla.R.Crim.P. 3.300, and not actually be examined for the defendant’s

Category: Criminal Procedure

Sanders v. State

279 So. 2d 376, 1973 Fla. App. LEXIS 8007

District Court of Appeal of Florida | Filed: Jun 19, 1973 | Docket: 64532958

Published

ruling of the trial court was eminently correct. Rule 3.300 CrPR, which deals with a challenge to the panel

Category: Criminal Procedure

State v. Bethel

268 So. 2d 557, 1972 Fla. App. LEXIS 6041

District Court of Appeal of Florida | Filed: Nov 7, 1972 | Docket: 64528544

Published

random from a cross-section of the community. In Rule 3.300 CrPR, 33 F.S.A., relating to “challenge to panel”

Category: Criminal Procedure