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3.300. Voir Dire Examination, Oath and Excusing of Member
(a) Oath. The prospective jurors shall be sworn collectively
or individually, as the court may decide. The
form of oath shall be as follows:
“Do you solemnly swear (or affirm) that you
will answer truthfully all questions asked of you
as prospective jurors, so help you God?”
If any prospective juror affirms, the clause “so help
you God” shall be omitted.
(b) Examination. The court may then examine
each prospective juror individually or may examine
the prospective jurors collectively. Counsel for
both the state and defendant shall have the right to
examine jurors orally on their voir dire. The order
in which the parties may examine each juror shall be
determined by the court. The right of the parties to
conduct an examination of each juror orally shall be
preserved.
(c) Prospective Jurors Excused. If, after the
examination of any prospective juror, the court is
of the opinion that the juror is not qualified to serve
as a trial juror, the court shall excuse the juror from
the trial of the cause. If, however, the court does not
excuse the juror, either party may then challenge
the
juror, as provided by law or by these rules.
Committee Notes
1968 Adoption.
(a) Save for the inclusion of the form of oath, the suggested rule
is a transcription of a part of section 913.02(1), Florida Statutes.
The form of oath paraphrases in pertinent part the oath set out in
section 913.11, Florida Statutes.
(b) The suggested rule is a transcription of the remainder of
section 913.02(1), Florida Statutes.
(c) Substantially same as section 913.02(2), Florida Statutes.
1972 Amendment. (a) The language relating to competence to
serve as jurors deleted as superfluous, (c) amended for clarification
by inserting the clause “that such juror is not qualified to serve as a
trial juror” for the clause “that such juror is incompetent.”
1980 Amendment. As to examination by parties, this brings
rule 3.300(b) into conformity with Florida Rule of Civil Procedure
1.431(b). This rule also allows the court to examine each prospective
juror individually or collectively.
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