Florida Rule of Criminal Procedure 3.440 - RENDITION OF VERDICT; RECEPTION AND | Syfert Law

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Florida Rule of Criminal Procedure 3.440

RULE 3.440. RENDITION OF VERDICT; RECEPTION AND
RECORDING


When the jurors have agreed upon a verdict they shall be
conducted into the courtroom by the officer having them in charge.
The court shall ask the foreperson if an agreement has been
reached on a verdict. If the foreperson answers in the affirmative,
the judge shall call on the foreperson to deliver the verdict in
writing to the clerk. The court may then examine the verdict and
correct it as to matters of form with the unanimous consent of the
jurors. The clerk shall then read the verdict to the jurors and,
unless disagreement is expressed by one or more of them or the
jury is polled, the verdict shall be entered of record, and the jurors
discharged from the cause. No verdict may be rendered unless all of
the trial jurors concur in it.

Committee Notes

1968 Adoption. Same as section 919.09, Florida Statutes.

1972 Amendment. Same as prior rule.

Cases Citing Rule 3.440

Total Results: 21

Bottoson v. Moore

833 So. 2d 693, 2002 WL 31386790

Supreme Court of Florida | Filed: Oct 24, 2002 | Docket: 1258650

Cited 153 times | Published

beyond a reasonable doubt."). [39] See Fla. R.Crim. P. 3.440; Fla. Std. Jury Instr. (Crim.) 3.10. [40]

Category: Criminal Procedure

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

Rules of Procedure except that I can not approve Rule 3.440, requiring a unanimous jury verdict. Specifically

Category: Criminal Procedure

Pope v. State

679 So. 2d 710, 1996 WL 498599

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665825

Cited 76 times | Published

jury completed its deliberations in violation of rule 3.440 of the Florida Rules of Criminal Procedure. After

Category: Criminal Procedure

Butler v. State

842 So. 2d 817, 2003 WL 1786712

Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 1440370

Cited 40 times | Published

written into our rules of procedure. See Fla. R.Crim. P. 3.440 ("No verdict may be rendered unless all

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

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

Cited 30 times | Published

400 Rule 3.410 Rule 3.420 Rule 3.430 Rule 3.440 Rule 3.450 Rule 3.460 Rule 3.470 Rule

Category: Criminal Procedure

Simpson v. State

3 So. 3d 1135, 34 Fla. L. Weekly Supp. 199, 2009 Fla. LEXIS 236, 2009 WL 330946

Supreme Court of Florida | Filed: Feb 12, 2009 | Docket: 1652728

Cited 18 times | Published

Rules of Criminal Procedure 3.440 and 3.450. Rule 3.440, titled "Rendition of Verdict; Reception and

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

Amendment. Same as former rule. XI. THE VERDICT RULE 3.440. RENDITION OF VERDICT; RECEPTION AND RECORDING

Category: Criminal Procedure

Perry v. State

10 So. 3d 695, 2009 Fla. App. LEXIS 6963, 2009 WL 1424604

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1131526

Cited 5 times | Published

since the State was created." See also Fla. R.Crim. P. 3.440 ("No verdict may be rendered unless all

Category: Criminal Procedure

State v. Thomas

405 So. 2d 220

District Court of Appeal of Florida | Filed: Oct 13, 1981 | Docket: 1703889

Cited 5 times | Published

v. State, 338 So.2d 562 (Fla. 1st DCA 1976); Rule 3.440 Florida Rules of Criminal Procedure. Therefore

Category: Criminal Procedure

Pineiro v. State

615 So. 2d 801, 1993 WL 72073

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 1185141

Cited 4 times | Published

can not be raised for the first time on appeal. Rule 3.440, Florida Rules of Criminal Procedure, entitled

Category: Criminal Procedure

Chung v. State

641 So. 2d 942, 1994 WL 474943

District Court of Appeal of Florida | Filed: Sep 2, 1994 | Docket: 1152009

Cited 3 times | Published

further in an attempt to reach a verdict. See Fla. R.Crim.P. 3.440 (stating that no verdict may be rendered

Category: Criminal Procedure

Flanning v. State

597 So. 2d 864, 1992 WL 69020

District Court of Appeal of Florida | Filed: Apr 7, 1992 | Docket: 1704672

Cited 3 times | Published

such unanimity in all criminal jury trials; Fla. R.Crim.P. 3.440 memorializes this longstanding practice:

Category: Criminal Procedure

Avila v. State

86 So. 3d 511, 2012 Fla. App. LEXIS 3163, 2012 WL 638993

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60307692

Cited 1 times | Published

all of the trial jurors concur in it.” Fla. R.Crim. P. 3.440. And a juror is at liberty to change his

Category: Criminal Procedure

Barrett Blackwell v. The State of Florida

District Court of Appeal of Florida | Filed: Nov 22, 2023 | Docket: 68029165

Published

verdict must be unanimous. See, e.g., Fla. R. Crim. P. 3.440 (“No verdict may be rendered unless all

Category: Criminal Procedure

Charlaya Joanne Elaine Moore v. State of Florida

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16104185

Published

panel reached an agreement on the verdict. Fla. R. Crim. P. 3.440. If the foreperson answers affirmatively

Category: Criminal Procedure

State v. MacKey

271 So. 3d 128

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693150

Published

not constitute a verdict “as envisioned” by rule 3.440 because it “was not read aloud in the presence

Category: Criminal Procedure

Woodruff v. State

208 So. 3d 1265, 2017 WL 362550, 2017 Fla. App. LEXIS 719

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573203

Published

verdict of guilty was his verdict. See Fla. R. Crim. P. 3.440 3 and 3.450. 4

Category: Criminal Procedure

Jackson v. State

804 So. 2d 357, 2001 Fla. App. LEXIS 12511, 2001 WL 1007910

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 64811543

Published

all of the trial jurors concur in it.” Fla. R.Crim. P. 3.440. Florida Rule of Criminal Procedure 3.450

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

verdict is announced and entered of record. Fla.R.Crim.P. 3.440. Similarly, in the non-jury setting, the

Category: Criminal Procedure

State v. Armstrong

312 So. 2d 508, 1975 Fla. App. LEXIS 14986

District Court of Appeal of Florida | Filed: Apr 1, 1975 | Docket: 64546281

Published

recorded in criminal cases: (A) The Verdict. Rule 3.440, CrPR; see also Rule 3.570, CrPR. (B) Judgments

Category: Criminal Procedure

Ago

Florida Attorney General Reports | Filed: Oct 17, 1974 | Docket: 3257493

Published

be noted in the minutes of the court. See also Rule 3.440, GPR, requiring the verdict in a criminal cause

Category: Criminal Procedure