Florida Rule of Criminal Procedure 3.310 - TIME FOR CHALLENGE | Syfert Law

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Florida Rule of Criminal Procedure 3.310

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RULE 3.310. TIME FOR CHALLENGE

The state or defendant may challenge an individual
prospective juror before the juror is sworn to try the cause; except
that the court may, for good cause, permit a challenge to be made
after the juror is sworn, but before any evidence is presented.

Committee Notes

1968 Adoption. Save for the heading and for the inclusion of
the phrase, “for cause or peremptorily,” the suggested rule is a
transcription of the provisions of section 913.04, Florida Statutes.

1972 Amendment. Prior rule amended only by deleting some
language felt by the committee to be superfluous.

Cases Citing Rule 3.310

Total Results: 33

Hunter v. State

660 So. 2d 244, 1995 WL 324080

Supreme Court of Florida | Filed: Jun 1, 1995 | Docket: 1639619

Cited 134 times | Published

inconsistent with our holding in Gilliam. See also Fla.R.Crim.P. 3.310. However, Hunter has been unable to demonstrate

Category: Criminal Procedure

Jones v. State

332 So. 2d 615

Supreme Court of Florida | Filed: May 12, 1976 | Docket: 2464846

Cited 50 times | Published

contravenes the established case law,[3] as well as Rule 3.310, R.Cr.P., which provides that a defendant may

Category: Criminal Procedure

Franqui v. State

699 So. 2d 1332, 1997 WL 369557

Supreme Court of Florida | Filed: Jul 3, 1997 | Docket: 1693938

Cited 30 times | Published

exercised up to point where the jury is sworn. Fla. R.Crim. P. 3.310 ("The state or defendant may challenge an

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

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

Cited 30 times | Published

Substitution of Judge; Rule 3.260, Waiver of Jury Trial; Rule 3.310, Time for Challenge; Rule 3.420, Recall of Jury

Category: Criminal Procedure

Valle v. State

581 So. 2d 40, 1991 WL 66658

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 356111

Cited 25 times | Published

sworn. We reject this interpretation of rule 3.310. Rule 3.310 vests the trial court with discretion to

Category: Criminal Procedure

Williams v. State

619 So. 2d 487, 1993 WL 196334

District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1381684

Cited 10 times | Published

Gilliam v. State, 514 So.2d 1098 (Fla. 1987); Fla. R.Crim.P. 3.310 This has been the rule of law in this state

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

prospective juror individually or collectively. RULE 3.310. TIME FOR CHALLENGE The Sstate or defendant may

Category: Criminal Procedure

Fla. Rock Industries, Inc. v. United Bldg. Systems, Inc.

408 So. 2d 630

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 1732527

Cited 8 times | Published

contravenes the established case law, as well as Rule 3.310, R.Cr.P., which provides that a defendant may

Category: Criminal Procedure

Grant v. State

429 So. 2d 758

District Court of Appeal of Florida | Filed: Apr 6, 1983 | Docket: 1667699

Cited 7 times | Published

strike a juror previously sworn, as permitted by Rule 3.310. Appellant objects only to the service of Robertson

Category: Criminal Procedure

Irwin v. Singletary

882 F. Supp. 1036, 1995 U.S. Dist. LEXIS 4999, 1995 WL 223335

District Court, M.D. Florida | Filed: Apr 13, 1995 | Docket: 1167636

Cited 5 times | Published

analogous to Watson. The trial court, contrary to Rule 3.310, denied Petitioner's request to utilize one of

Category: Criminal Procedure

Walden v. State

319 So. 2d 51

District Court of Appeal of Florida | Filed: Sep 19, 1975 | Docket: 444017

Cited 5 times | Published

jurors could be selected. The trial court erred. Rule 3.310, Florida Rules of Criminal Procedure, provides

Category: Criminal Procedure

Shelby v. State

301 So. 2d 461

District Court of Appeal of Florida | Filed: Oct 15, 1974 | Docket: 1338130

Cited 5 times | Published

his peremptory challenges but may waive them. Rule 3.310, F.R.Cr.P., provides as follows: "The state or

Category: Criminal Procedure

Dobek v. Ans

475 So. 2d 1266, 10 Fla. L. Weekly 2037

District Court of Appeal of Florida | Filed: Aug 28, 1985 | Docket: 1709936

Cited 4 times | Published

Rules of Criminal Procedure were promulgated, and Rule 3.310 provides: "The State or defendant may challenge

Category: Criminal Procedure

Bell v. State

338 So. 2d 1328

District Court of Appeal of Florida | Filed: Nov 12, 1976 | Docket: 455393

Cited 4 times | Published

the jury had been sworn. At that point, Fla.R.Crim.P. 3.310 required a showing of good cause to permit

Category: Criminal Procedure

Knee v. State

294 So. 2d 411

District Court of Appeal of Florida | Filed: May 17, 1974 | Docket: 1736333

Cited 4 times | Published

1958). This is totally consistent *412 with Rule 3.310, Fla.RCrP, 33 F.S.A. (1971), which provides that

Category: Criminal Procedure

Carter v. State

469 So. 2d 775

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 1679474

Cited 2 times | Published

sworn, but before the evidence is presented. Fla.R.Crim.P. 3.310. It should be observed, however, that the

Category: Criminal Procedure

King v. State

461 So. 2d 1370, 10 Fla. L. Weekly 155

District Court of Appeal of Florida | Filed: Jan 9, 1985 | Docket: 464363

Cited 2 times | Published

exercise peremptory challenges as provided in Rule 3.310 and constituted an abuse of discretion which

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

numerous rules relating to juror striking, including Rule 3.310 ("Time for Challenge”), Rule 3.315 ("Exercise

Category: Criminal Procedure

Valdes v. State

443 So. 2d 223

District Court of Appeal of Florida | Filed: Dec 14, 1983 | Docket: 1458065

Cited 1 times | Published

Walden v. State, 319 So.2d 51 (Fla. 1st DCA 1975); Rule 3.310, Florida Rules of Criminal Procedure. However

Category: Criminal Procedure

James Tyrell Frederick v. State of Florida

District Court of Appeal of Florida | Filed: May 29, 2024 | Docket: 68798701

Published

cause, permit a challenge to be made.” Fla. R. Crim. P. 3.310. In such a case, the trial court is vested

Category: Criminal Procedure

LISA CAVANAUGH, as Personal Representative of the ESTATE OF WILLIAM CAVANAUGH v. STRYKER CORPORATION

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512282

Published

sworn but before any evidence is presented. Fla. R. Crim. P. 3.310 (emphasis added). In the instant case,

Category: Criminal Procedure

Moses McCray v. State of Florida

220 So. 3d 1119, 42 Fla. L. Weekly Supp. 618, 2017 WL 2291272, 2017 Fla. LEXIS 1155

Supreme Court of Florida | Filed: May 25, 2017 | Docket: 6065955

Published

581 So.2d 40, 44 (Fla. 1991); see also Fla. R. Crim. P. 3.310 (providing that a party may challenge a

Category: Criminal Procedure

McNeil v. State

158 So. 3d 626, 2014 Fla. App. LEXIS 7290, 2014 WL 1976348

District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60246269

Published

but before any evidence is presented. Fla. R. Crim. P. 3.310 (emphasis added). This rule makes explicit

Category: Criminal Procedure

State v. Page-Martin

135 So. 3d 491, 2014 WL 1133337, 2014 Fla. App. LEXIS 4218

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239656

Published

514 So.2d 1098, 1099 (Fla.1987) (citing Fla. R. Crim. P. 3.310). And ‘“[a] trial judge has no authority

Category: Criminal Procedure

Chandler v. State

900 So. 2d 779, 2005 Fla. App. LEXIS 6631, 2005 WL 1047264

District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 64837958

Published

of the evidence was heard. We agree. See Fla. R.Crim. P. 3.310. We therefore reverse and remand for a new

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

provided by the rules of criminal procedure. Rule 3.310 then specifies that the time for such challenges

Category: Criminal Procedure

Montgomery v. State

622 So. 2d 1116, 1993 Fla. App. LEXIS 8327, 1993 WL 302298

District Court of Appeal of Florida | Filed: Aug 10, 1993 | Docket: 64698245

Published

So.2d 675 (Fla. 3d DCA1991) (same), and Fla.R.Crim.P. 3.310 (“The state or defendant may challenge an

Category: Criminal Procedure

Mack v. State

620 So. 2d 804, 1993 Fla. App. LEXIS 6724, 1993 WL 221394

District Court of Appeal of Florida | Filed: Jun 25, 1993 | Docket: 64697159

Published

State, 541 So.2d 1219 (Fla. 2d DCA 1989); Fla.R.Crim.P. 3.310. REVERSED and REMANDED. GRIFFIN and THOMPSON

Category: Criminal Procedure

Johnson v. State

565 So. 2d 911, 1990 Fla. App. LEXIS 6458, 1990 WL 123113

District Court of Appeal of Florida | Filed: Aug 24, 1990 | Docket: 64652459

Published

plain language of Rule 3.310, Florida Rules of Criminal Procedure. We agree. Rule 3.310 provides the following:

Category: Criminal Procedure

Crow v. State

503 So. 2d 420, 1987 Fla. App. LEXIS 7034

District Court of Appeal of Florida | Filed: Mar 2, 1987 | Docket: 64625449

Published

State, 178 So.2d 341 (Fla. 2d DCA 1965); Fla.R.Crim.P. 3.310. ERVIN, JOANOS and BARFIELD, JJ., concur

Category: Criminal Procedure

Kidd v. State

486 So. 2d 41, 11 Fla. L. Weekly 813, 1986 Fla. App. LEXIS 7132

District Court of Appeal of Florida | Filed: Apr 2, 1986 | Docket: 64618406

Published

challenged up until the time he is sworn. See Fla.R.Crim.P. 3.310; Jackson v. State, 464 So.2d 1181 (Fla.1985)

Category: Criminal Procedure

Peek v. State

413 So. 2d 1225, 1982 Fla. App. LEXIS 19854

District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 64589959

Published

which defense counsel relied to his detriment. Rule 3.310 of the Florida Rules of Criminal Procedure provides

Category: Criminal Procedure

Holloway v. State

413 So. 2d 94, 1982 Fla. App. LEXIS 19731

District Court of Appeal of Florida | Filed: Apr 6, 1982 | Docket: 64589577

Published

(Fla. 1st DCA 1958); Fla.R.Crim.P. 3.350; Fla.R.Crim.P. 3.310. Reversed and remanded for a new trial.

Category: Criminal Procedure