RULE 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.