Florida Rule of Criminal Procedure 3.575 - MOTION TO INTERVIEW JUROR | Syfert Law

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Florida Rule of Criminal Procedure 3.575

RULE 3.575. MOTION TO INTERVIEW JUROR

A party who has reason to believe that the verdict may be
subject to legal challenge may move the court for an order
permitting an interview of a juror or jurors to so determine. The
motion shall be filed within 10 days after the rendition of the
verdict, unless good cause is shown for the failure to make the
motion within that time. The motion shall state the name of any
juror to be interviewed and the reasons that the party has to believe
that the verdict may be subject to challenge. After notice and
hearing, the trial judge, upon a finding that the verdict may be
subject to challenge, shall enter an order permitting the interview,
and setting therein a time and a place for the interview of the juror
or jurors, which shall be conducted in the presence of the court and
the parties. If no reason is found to believe that the verdict may be
subject to challenge, the court shall enter its order denying
permission to interview.

Court Commentary

2004 Amendment. This rule does not abrogate Rule
Regulating The Florida Bar 4-3.5(d)(4), which allows an attorney to
interview a juror to determine whether the verdict may be subject to
legal challenge after filing a notice of intention to interview.

XII. POST-TRIAL MOTIONS

Cases Citing Rule 3.575

Total Results: 21

Israel v. State

985 So. 2d 510, 2008 WL 731602

Supreme Court of Florida | Filed: Mar 20, 2008 | Docket: 1253596

Cited 47 times | Published

counsel a reasonable time before the interview. Rule 3.575, which became effective in January 2005, establishes

Category: Criminal Procedure

Johnston v. State

63 So. 3d 730, 2011 WL 1045339

Supreme Court of Florida | Filed: Mar 24, 2011 | Docket: 60301162

Cited 21 times | Published

not abuse its discretion in denying Johnston’s rule 3.575 motion because a juror interview was unnecessary

Category: Criminal Procedure

Barnhill v. State

971 So. 2d 106, 2007 WL 3101754

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1731793

Cited 17 times | Published

decisions which have found that rule 4-3.5(d)(4) and rule 3.575, which collectively restrict an attorney's ability

Category: Criminal Procedure

Foster v. State

132 So. 3d 40, 38 Fla. L. Weekly Supp. 756, 2013 WL 5659482, 2013 Fla. LEXIS 2287

Supreme Court of Florida | Filed: Oct 17, 2013 | Docket: 60238469

Cited 7 times | Published

(noting that the Court has held that neither rule 3.575 nor rule 4-3.5 violates a defendant’s constitutional

Category: Criminal Procedure

Hampton v. State

103 So. 3d 98, 37 Fla. L. Weekly Supp. 499, 2012 Fla. LEXIS 2649, 2012 WL 6621371

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60227276

Cited 7 times | Published

failure to make the motion within that time.” Fla. R.Crim. P. 3.575. . Upon being taken into custody for questioning

Category: Criminal Procedure

Pozo v. State

963 So. 2d 831, 2007 WL 2254515

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1697400

Cited 7 times | Published

hearing in the June 2005 trial in the instant case. Rule 3.575 states: A party who has reason to believe that

Category: Criminal Procedure

Ramirez v. State

922 So. 2d 386, 2006 WL 536609

District Court of Appeal of Florida | Filed: Mar 7, 2006 | Docket: 2578110

Cited 7 times | Published

after filing a notice of intention to interview." Rule 3.575 regulates juror interviews but does not preclude

Category: Criminal Procedure

Crain v. State

78 So. 3d 1025, 36 Fla. L. Weekly Supp. 593, 2011 Fla. LEXIS 2449, 2011 WL 4835656

Supreme Court of Florida | Filed: Oct 13, 2011 | Docket: 60304967

Cited 6 times | Published

decisions which have found that rule 4-3.5(d)(4) and rule 3.575, which collectively restrict an attorney’s ability

Category: Criminal Procedure

Gray v. State

72 So. 3d 336, 2011 Fla. App. LEXIS 16976, 2011 WL 5061238

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 60303258

Cited 2 times | Published

P. 8.575. Disparity from previous case law, Rule 3.575 does not require the filing of sworn affidavits

Category: Criminal Procedure

Van Poyck v. State

91 So. 3d 125, 37 Fla. L. Weekly Supp. 125, 2012 WL 489231, 2012 Fla. LEXIS 337

Supreme Court of Florida | Filed: Feb 16, 2012 | Docket: 60309804

Cited 1 times | Published

challenge [to the verdict] may exist”); Fla. R.Crim. P. 3.575 (requiring a party to file with the trial

Category: Criminal Procedure

Belcher v. State

9 So. 3d 665, 2009 Fla. App. LEXIS 2718, 2009 WL 886158

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1221411

Cited 1 times | Published

counsel acknowledged the 10-day time limit under Rule 3.575. The state objected to the motion as untimely

Category: Criminal Procedure

Kayle B. Bates v. State of Florida

Supreme Court of Florida | Filed: Oct 24, 2024 | Docket: 69306035

Published

cause for the delay, his claim is time- barred. Rule 3.575 requires that a motion seeking to interview a

Category: Criminal Procedure

Sonneman v. State

260 So. 3d 1181

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64699968

Published

twenty years in prison. This appeal follows. Rule 3.575 of the Florida Rules of Criminal Procedure allows

Category: Criminal Procedure

Sonneman v. State

260 So. 3d 1181

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64699967

Published

twenty years in prison. This appeal follows. Rule 3.575 of the Florida Rules of Criminal Procedure allows

Category: Criminal Procedure

Devin Lee Bass v. State of Florida

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409771

Published

a verdict may be subject to challenge. Fla. R. Crim. P. 3.575. However, “Florida’s Evidence Code . .

Category: Criminal Procedure

Nicholas Rivet v. State of Florida

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7510525

Published

motion as untimely without good cause. See Fla. R. Crim. P. 3.575 (requiring a motion to interview a juror

Category: Criminal Procedure

Dowd v. State

227 So. 3d 194, 2017 WL 2304663, 2017 Fla. App. LEXIS 7647

District Court of Appeal of Florida | Filed: May 26, 2017 | Docket: 6066413

Published

Anderson v. State, 18 So.3d 501, 509 (Fla. 2009)). Rule 3.575 states as follows: A party who has reason

Category: Criminal Procedure

Phillips v. State

198 So. 3d 789, 2016 Fla. App. LEXIS 3368, 2016 WL 833964

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 3041727

Published

was specifically made aware of the existence of Rule 3.575 regarding juror interviews. The Court is of the

Category: Criminal Procedure

Nichol Phelps v. State

186 So. 3d 598, 2016 WL 742601

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3045496

Published

1 . See Fla. R.Crim.' P. 3.575 ("A party who has reason to believe' that

Category: Criminal Procedure

Alan v. State

39 So. 3d 343, 2010 Fla. App. LEXIS 7322, 2010 WL 2077168

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 60294866

Published

(explaining the dichotomy between Rule 4-3.5(d)(4) and Rule 3.575). An attorney who interviews a juror regarding

Category: Criminal Procedure

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

Sentence). The Rules Committee also proposes new rule 3.575 (Motion to Interview Juror) and a new form order

Category: Criminal Procedure