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3.370. Regulation and Separation of Jurors
(a) During Trial. After the jurors have been sworn
they shall hear the case as a body and, within the discretion
of the trial judge, may be sequestered. In capital
cases, absent a showing of prejudice, the trial court
may order that between the guilt and penalty phases
of the trial the jurors may separate for a definite time
to be fixed by the court and then reconvene before the
beginning of the penalty phase.
(b) After Submission of Cause. Unless the jurors
have been kept together during the trial the court may,
after the final submission of the cause, order that the
jurors may separate for a definite time to be fixed by
the court and then reconvene in the courtroom before
retiring for consideration of their verdict.
(c) During Deliberations. Absent exceptional circumstances
of emergency, accident, or other special
necessity or unless sequestration is waived by the
state and the defendant, in all capital cases in which
the death penalty is sought by the state, once the
jurors have retired for consideration of their verdict,
they must be sequestered until such time as they have
reached a verdict or have otherwise
been discharged
by the court. In all other cases, the court, in its discretion,
either on the motion of counsel or on the court’s
initiative, may order that the jurors be permitted to
separate. If jurors are allowed to separate, the trial
judge shall give appropriate cautionary instructions.
Committee Notes
1968 Adoption. (a) Taken from section 919.01, Florida Statutes.
(b) Taken from section 919.02, Florida Statutes.
1972 Amendment. (a) and (b) substantially the same as former
rule 3.380, except that some language has been modernized. New
provision permits nonsequestered jury to separate after receiving
case for consideration.
Former rule 3.370 has been deleted as its substance is now contained
in new Rules 3.150 through 3.153 on Joinder and Severance.
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