RULE 3.780. SENTENCING HEARING FOR CAPITAL CASES

(a) Evidence. In capital sentence proceedings the state and
defendant will be permitted to present evidence of an aggravating or
mitigating nature, consistent with the requirements of the statute
and the notice requirements of Florida Rule of Criminal Procedure
3.181. Each side will be permitted to cross-examine the witnesses
presented by the other side. The state will present evidence first.
(b) Rebuttal. The trial judge shall permit rebuttal testimony.

(c) Opening Statement and Closing Argument. Both the
state and the defendant will be given an equal opportunity for one
opening statement and one closing argument. The state will proceed
first.

Committee Notes

1977 Adoption. This is a new rule designed to create a
uniform procedure that will be consistent with both section
921.141, Florida Statutes, and State v. Dixon, 283 So. 2d 1 (Fla.
1973).