FLORIDA RULES

FLORIDA RULES OF CRIMINAL PROCEDURE 2008 THE FLORIDA BAR CONTINUING LEGAL EDUCATION PUBLCATIONS EFTA01090709 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES ORIGINAL ADOPTION, effective 1-1.68: 196 So.2d 124 OTHER OPINIONS: Effective 2.28.68: Effective 9-30-68: Effective 12-4-70: Effective 2-24-71: Effective 8.19-71: Effective 12.13.71: Effective 2.1.73: Effective 2.1.73: Effective 5.11-73: Effective 1.16.74: Effective 3.1.74: Effective 7.18-74: Effective 3.31-75: Effective 7.11-75: Effective 7.1.77: Effective 7.1.77: Effective 1.1.78: Effective 5.1.79: Effective 7.1.79: Effective 10-9-79: Effective 1.1.80: Effective 7.1.80: Effective I.I.81: Effective 10-1.81: Effective II-I-81: Effective 10-1.83: Effective 10-1.83: Effective 7.1.84: Effective 1.1.85: Effective 1.1.85: Effective 7.1.85: Effective 12-19.85: Effective 10.1.86: Effective 4-24-86: Effective 7.17.86: Effective 11-13.86: Effective 11-26-86: Effective 4.1.87: Effective 7.1.87: Effective 12-31-87: 207 So.2d 430. 211 So.2d 203. 241 So.2d 691. 245 So.2d 33. 251 So.2d 537. 253 So.2d 421. 272 So.2d 65. 272 So.2d 513. 281 So.2d 204. 287 So.2d 678. 289 So.2d 3. 297 So.2d 301. 309 So.2d 544. 315 So.2d 172. 343 So.2d 1247. 347 So.2d 434. 353 So.2d 552. 370 So.2d 764. 372 So.2d 449. 375 So.2d 855. 376 So.2d 844. 389 So.2d 610. 389 So.2d 610. 403 So.2d 979. 408 So.2d 207. 436 So.2d 60. 439 So.2d 848. 451 So.2d 824. 460 So.2d 907. 462 So.2d 386. 468 So.2d 220. 481 So.2d 480. 482 So.2d 311. 487 So.2d 1045. 491 So.2d 1128. 497 So.2d 643. 498 So.2d 875. 503 So.2d 320. 509 So.2d 1088. 518 So.2d 256. Amended I.&40(aX4). Amended 1.010, 1.120, 1.140(a)(2), 1.140(c)(2), 1.140(1), (o),1.150, 1.200, 1.220(f), 1.790(b), 1.840(a)(6). Deleted 1.860. Added 1.191. Amended I.191(iX2). Renumbered rules 1.XXX to 3.XXX; added 3.025. Four-year-cycle revision. Amended 3.140, 3.170. Added 3.125. Amended 3.460. Amended 3.131(b). Amended 3.125(j). Amended 3.040, 3.131, 3.140(g). Added 3.986. Four-year-cycle revision. Amended 3.125, 3.130, 3.131,3.140, 3.151, 3.171, 3.190, 3.191, 3.210, 3.220, 3.280, 3.350, 3.390, 3.505, 3.691, 3.692, 3.800, 3.850; added 3.172, 3.780; deleted 3.722. Amended 3.125(m). Amended 3.850; added 3.987. Deleted 3.110. Amended 3.080; deleted 3.025, 3.090, 3.100. Former rules 3.210(a) and 3.210(e)(I)B(8) adopted as Transition Rules 23(a) and (b). Amended 3.111(e). Amended 3.210; added 3.211B3.219. Four-year-cycle revision. Amended 3.111, 3.191,3.220, 3.300, 3.380, 3.590, 3.720, 3.800, 3.986; added 3.315; deleted 3.460. Added 3.490, 3.510. Amended 3.986. Amended 3.130, 3.131; added 3.132; renumbered 3.122 to 3.133. Added 3.701, 3.988. Amended 3.701, 3.988. Amended 3.850. Four-year-cycle revision. Amended 3.130, 3.160, 3.191, 3.390, 3.692, 3.989. Amended 3.701, 3.988. Amended 3.850. Amended 3.701, 3.988. Amended 3.800(a). Amended 3.988(e). Added 3.811. Amended 3.220(d). Added 3.851. Amended 3.701, 3.988. Amended 3.010, 3.811; added 3.812. EFTA01090710 Effective 7.1.88: 522 So.2d 374. Amended 3.701, 3.988. Effective 1.1.89: 536 So.2d 992. Four-year-cycle revision. Amended 3.040, 3.133, 3.172, 3.210, 3.211, 3.212, 3.213, 3.216, 3.217, 3.218, 3.219, 3.390, 3.710, 3.790; added 3.214; renumbered 3.214 to 3.215; deleted 3.740. Effective 7.1.89: 542 So.2d 1330. Amended 3.191. Effective 7.1.89: 544 So.2d 198. Amended 3.710, 3.988. Effective 7.1.89: 550 So.2d 1097. Amended 3.220. Effective 9-6-90, and 1-1.91: 566 So.2d 770. Amended 3.701, 3.988. Effective 4.1.91: 573 So.2d 826. Amended 3.133(b)(6) and renumbered as 3.134. Effective 3.7.91: 576 So.2d 1307. Amended 3.701, 3.988. Effective 11-7-91: 589 So.2d 271. Amended 3.701, 3.988. Effective 12-15.91: 591 So.2d 173. Amended 3.130(a), 3.131(j). Effective 3.26.92: 596 So.2d 1036. Amended 3.370. Effective 5.28.92: 603 So.2d 1144. Amended 3.140, 3.986. Effective -1-93: 606 So.2d 227. Four-year-cycle revisions. Numerous changes. Effective I-1-93: 609 So.2d 465. Deleted 3.230. Effective 2.11.93: 613 So.2d 1307. Amended 3.701(c), 3.988. Effective 7.1.93: 615 So.2d 692. Amended 3.191(b). Effective 10-21-93: 630 So.2d 172. Adopted emergency rule 3.201. Effective 11-30-93: 628 So.2d 1084. Amended 3.701(c), 3.988(b)B(c). Effective 12-2-93: 628 So.2d 1102. Amended 3.987. Effective I-I.94: 626 So.2d 198. Amended 3.850, 3.851. Effective 1.1.94: 628 So.2d 1084. Added 3.702, 3.990, amended 3.701. Effective 1.1.94: 630 So.2d 552. Amended 3.133, 3.692, 3.986, 3.987, 3.989. Effective 3.10.94: 633 So.2d 1056. Amended 3.170, 3.700. Effective 6-16-94: 639 So.2d 15. Amended 3.692, 3.989. Effective 6.1.95: 657 So.2d 1134. Amended 3.400. Effective 10.1.95: 660 So.2d 1374. Adopted 3.703, 3.991. Effective I-1-96: 674 So.2d 83. Adopted 3.202. Effective 5-2-96: 654 So.2d 915. Amended 3.202. Effective 7.1.96: 675 So.2d 1374. Amended 3.800. Effective 10.1.96: 681 So.2d 666. Amended 3.220. Effective 10.1.96: 685 So.2d 1213. Amended 3.703. Effective 10-31-96: 683 So.2d 475. Adopted 3.852. Effective I I-15.96: 684 So.2d 173. Amended 3.986. Effective 1.1.97: 685 So.2d 1213. Amended 3.991. Effective I.I.97: 685 So.2d 1253. Four-year-cycle revision. Adopted 3.090, 3.361; amended 3.170, 3.172, 3.180, 3.190, 3.212, 3.216, 3.780, 3.800, 3.850, 3.851, 3.986. Effective 7.7.97: 696 So.2d 1171. Amended 3.703, 3.991. Effective 4-2-98: 710 So.2d 961. Amended 3.220(h)(1). Effective 4-2-98: 711 So.2d 27. Amended 3.702(d)(9)B(I0). Effective 7.16.98: 719 Sold 873. Amended 3.111(dX2)B(3). Effective 10-1-98: 721 So.2d 265. Adopted 3.704, 3.992. Effective 10-1-98: 723 So.2d 163. Adopted 3.993; amended 3.852. Effective 12-3.98: 724 So.2d 1162. Amended 3.220(h)(1), (3), 3.361. Effective 12-10-98: 745 So.2d 319. Amended 3.380(b). Effective 2.18.99: 745 So.2d 319. Amended 3.220(a). Effective 5.27.99: 750 So.2d 592. Amended 3.850. Effective 5.27.99: 747 So.2d 931. Amended 3.850(b). Effective 7.1.99: 754 So.2d 640. Amended 3.852, 3.993. Effective II-12-99: 760 So.2d 67. Amended 3.670, 3.700(b). EFTA01090711 Effective 11-12.99: Effective 12.9.99: Effective 1.1.00: Effective 1.14.00: Effective 2-10-00: Effective 7.1.00: Effective 10.19.00: Effective 11-22-00: Effective 1.1.01: Effective 9-26-01: Effective 10-1-01: Effective 10-1-01: Effective 10-18-01: Effective 7.1.02: Effective 9-19-02: Effective 1.1.03: Effective 2-27-03: Effective 9-30-03: Effective 9.15.04: Effective 10.1.04: Effective 10.1.04: Effective 1.1.05: Effective 4-7-05: Effective 7.1.05: Effective 9.1.05: Effective 9-29-05: Effective 9.21.06: Effective 9.21.06: Effective 1.1.07: Effective 1.1.07: Effective 2-8-07: Effective 3.29-07: Effective 4.1.07: Effective 4-19-07: Effective 5.3.07: Effective 6.21.07: Effective 7.5.07: Effective 10-4-07: Effective : 761 So.2d 1015. Amended 3.111(e), 3.800. 763 So.2d 997. Amended 3.704(d). 760 So.2d 67. Amended 3.670. 763 So.2d 273. Readopted 3.850, 3.851, 3.852. 763 So.2d 274. Amended 3.220(a). 759 So.2d 610. Adopted 3.112. 779 So.2d 1290. Amended 3.850(a). 789 So.2d 262. Amended 3.850(g). 794 So.2d 457. Four-year-cycle revision: Adopted 3.025; amended 3.030, 3.111, 3.125, 3.190, 3.191, 3.213, 3.217, 3.218, 3.219, 3.692, 3.800, 3.851, 3.986, 3.987, 3.989, 3.993. 810 So.2d 826. Amended 3.704 and 3.992(a). 797 So.2d 1213. Amended 3.851. 802 So.2d 298. Amended 3.851, 3.852. 807 So.2d 633. Adopted 3.853. 820 So.2d 185. Amended 3.112. 828 So.2d 999. Amended 3.851. 837 So.2d 924. Two-year-cycle revisions. Adopted 3.994; amended 3.111, 3.170, 3.190, 3.361. 842 So.2d 110. Committee note to 3.704(d)(14X8). 857 So.2d 190. Suspended 3.853 deadline until further order of court. 884 So.2d 934. Amended 3.853. 875 So.2d 563. Adopted 3.203. 887 So.2d 1090. Amended 3.111, 3.120, 3.121, 3.125, 3.130, 3.131, 3.133, 3.220, 3.852. 886 So.2d 197. Amended 3.150, 3.191, 3.710, 3.800, 3.986; adopted 3.575, 3.995. 900 So.2d 528. Amended 3.111, 3.220, 3.670; adopted 3.984. 969 So.2d 285. Amended 3.984. 911 So.2d 763. Amended 3.172(c). 935 So.2d 1218. Amended 3.853(d). 938 So.2d 977. Amended 3.853. 938 So.2d 978. Amended 3.170, 3.172. 942 So.2d 407. Amended 3.170, 3.180, 3.213, 3.640. 945 So.2d 1124. Amended 3.590, 3.851. 949 So.2d 196. Amended 3.800. 953 So.2d 513. Amended 3.170, 3.172. 948 So.2d 731. Amended 3.131, 3.132, 3.853. 957 So.2d 1160. Amended 3.704, 3.992 957 So.2d 1164. Amended 3.250; adopted 3.381 959 So.2d 250. Amended 3.131, 3.170 959 So.2d 1187. Amended 3.790 967 So.2d 178. Amended 3.390, 3.400; adopted 3.371, 3.372, 3.9855. 972 So.2d 862. Amended 3.992. NOTE TO USERS: Rules in this pamphlet are current through 972 So.2d 862. Subsequent amendments, if any, can be found at www.floridasupremecourtorg/decisionstrules.shtml. EFTA01090712 TABLE OF CONTENTS I. SCOPE, PURPOSE, AND CONSTRUCTION 3.010. SCOPE 3.020. PURPOSE AND CONSTRUCTION 3.025. STATE AND PROSECUTING ATFORNEY DEFINED II. GENERAL PROVISIONS 3.030. SERVICE OF PLEADINGS AND PAPERS 3.040. COMPUTATION OF TIME 3.050. ENLARGEMENT OF TIME 3.060. TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING 3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL 3.080. NONVERIFICATION OF PLEADINGS 3.090. PLEADING CAPTIONS 3.111. PROVIDING COUNSEL TO INDIGENTS 3.112. MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES 3.115. DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE III. PRELIMINARY PROCEEDINGS 3.120. COMMUTING JUDGE 3.121. ARREST WARRANT 3.125. NOTICE TO APPEAR 3.130. FIRST APPEARANCE 3.131. PRETRIAL RELEASE 3.132. PRETRIAL DETENTION 3.133. PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY PRELIMINARY HEARINGS 3.134. TIME FOR FILING FORMAL CHARGES 3.140. INDICTMENTS; INFORMATIONS EFTA01090713 3.150. JOINDER OF OFFENSES AND DEFENDANTS 3.151. CONSOLIDATION OF RELATED OFFENSES 3.152. SEVERANCE OF OFFENSES AND DEFENDANTS 3.153. TIMELINESS OF DEFENDANT'S MOTION; WAIVER IV. ARRAIGNMENT AND PLEAS 3.160. ARRAIGNMENT 3.170. PLEAS 3.171. PLEA DISCUSSIONS AND AGREEMENTS 3.172. ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA 3.180. PRESENCE OF DEFENDANT V. PRETRIAL MOTIONS AND DEFENSES 3.190. PRETRIAL MOTIONS 3.191. SPEEDY TRIAL 3.200. NOTICE OF ALIBI 3.201. [BATTERED -SPOUSE SYNDROME DEFENSE] 3.202. EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL: NOTICE AND EXAMINATION BY STATE EXPERT 3.203. DEFENDANT'S MENTAL RETARDATION AS A BAR TO IMPOSITION OF THE DEATH PENALTY 3.210. INCOMPETENCE TO PROCEED: PROCEDURE FOR RAISING THE ISSUE 3.211. COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT 3.212. COMPETENCE TO PROCEED: HEARING AND DISPOSITION 3.213. CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED WITH SENTENCING: DISPOSITION 3.214. INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION 3.215. EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED: PSYCHOTROPIC MEDICATION 3.216. INSANITY AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS EFTA01090714 3.217. JUDGMENT OF NOT GUILTY BY REASON OF INSANITY: DISPOSITION OF DEFENDANT 3.218. COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY 3.219. CONDITIONAL RELEASE VI. DISCOVERY 3.220. DISCOVERY 3.231. SUBSTITUTION OF JUDGE 3.240. CHANGE OF VENUE 3.250. ACCUSED AS WITNESS VII. DISQUALIFICATION AND SUBSTITUTION OF JUDGE VIII. CHANGE OF VENUE IX. THE TRIAL 3.251. RIGHT TO TRIAL BY JURY 3.260. WAIVER OF JURY TRIAL 3.270. NUMBER OF JURORS 3.280. ALTERNATE JURORS 3.281. LIST OF PROSPECTIVE JURORS 3.290. CHALLENGE TO PANEL 3.300. VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER 3.310. TIME FOR CHALLENGE 3.315. EXERCISE OF CHALLENGES 3.320. MANNER OF CHALLENGE 3.330. DETERMINATION OF CHALLENGE FOR CAUSE 3.340. EFFECT OF SUSTAINING CHALLENGE 3.350. PEREMPTORY CHALLENGES 3.360. OATH OF TRIAL JURORS 3.361. WITNESS ATTENDANCE AND SUBPOENAS EFTA01090715 X. CONDUCT OF TRIAL; JURY INSTRUCTIONS 3.370. REGULATION AND SEPARATION OF JURORS 3.371 JUROR QUESTIONS OF WITNESSES 3.372 JUROR NOTEBOOKS 3.380. MOTION FOR JUDGMENT OF ACQUITTAL 3.381. FINAL ARGUMENTS 3.390. JURY INSTRUCTIONS 3.391. SELECTION OF FOREPERSON OF JURY 3.400. MATERIALS TO THE JURY ROOM 3.410. JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS 3.420. RECALL OF JURY FOR ADDITIONAL INSTRUCTIONS 3.430. JURY NOT RECALLABLE TO HEAR ADDITIONAL EVIDENCE XI. THE VERDICT 3.440. RENDITION OF VERDICT; RECEPTION AND RECORDING 3.450. POLLING THE JURY 3.451. JUDICIAL COMMENT ON VERDICT 3.470. PROCEEDINGS ON SEALED VERDICT 3.490. DETERMINATION OF DEGREE OF OFFENSE 3.500. VERDICT OF GUILTY WHERE MORE THAN ONE COUNT 3.505. INCONSISTENT VERDICTS 3.510. DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES 3.520. VERDICT IN CASE OF JOINT DEFENDANTS 3.530. RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT 3.540. WHEN VERDICT MAY BE RENDERED 3.550. DISPOSITION OF DEFENDANT 3.560. DISCHARGE OF JURORS 3.570. IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT EFTA01090716 3.575. MOTION TO INTERVIEW JUROR XII. POST-TRIAL MOTIONS 3.580. COURT MAY GRANT NEW TRIAL 3.590. TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING 3.600. GROUNDS FOR NEW TRIAL 3.610. MOTION FOR ARREST OF JUDGMENT; GROUNDS 3.620. WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE 3.630. SENTENCE BEFORE OR AFTER MOTION FILED 3.640. EFFECT OF GRANTING NEW TRIAL XIII. JUDGMENT 3.650. JUDGMENT DEFINED 3.670. RENDITION OF JUDGMENT 3.680. JUDGMENT ON INFORMAL VERDICT 3.690. JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED 3.691. POST-TRIAL RELEASE 3.692. PETITION TO SEAL OR EXPUNGE XIV. SENTENCE 3.700. SENTENCE DEFINED; PRONOUNCEMENT AND ENTRY; SENTENCING JUDGE 3.701. SENTENCING GUIDELINES 3.702. SENTENCING GUIDELINES (1994) 3.703. SENTENCING GUIDELINES (1994 as amended) 3.704. THE CRIMINAL PUNISHMENT CODE 3.710. PRESENTENCE REPORT 3.711. PRESENTENCE REPORT: WHEN PREPARED 3.712. PRESENTENCE REPORT: DISCLOSURE 3.713. PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES 3.720. SENTENCING HEARING EFTA01090717 3.721. RECORD OF THE PROCEEDINGS 3.730. ISSUANCE OF CAMAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT 3.750. PROCEDURE WHEN PARDON IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE 3.760. PROCEDURE WHEN NONIDENTITY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE 3.770. PROCEDURE WHEN PREGNANCY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING DEATH SENTENCE 3.780. SENTENCING HEARING FOR CAPITAL CASES 3.790. PROBATION AND COMMUNITY CONTROL 3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES XV. EXECUTION OF SENTENCE 3.810. COMMITMENT OF DEFENDANT; DUTY OF SHERIFF 3.811. INSANITY AT TIME OF EXECUTION: CAPITAL CASES 3.812. HEARING ON INSANITY AT TIME OF EXECUTION: CAPITAL CASES 3.820. HABEAS CORPUS XVI. CRIMINAL CONTEMPT 3.830. DIRECT CRIMINAL CONTEMPT 3.840. INDIRECT CRIMINAL CONTEMPT XVII. POSTCONVICTION RELIEF 3.850. MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE 3.851. COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED ON DIRECT APPEAL 3.852 CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION 3.853 MOTION FOR POSTCONVICTION DNA TESTING XVIII. FORMS 3.984. APPLICATION FOR CRIMINAL INDIGENT STATUS 3.985. STANDARD JURY INSTRUCTIONS 3.9855 JUROR VOIR DIRE QUESTIONAIRE 3.986. FORMS RELATED TO JUDGMENT AND SENTENCE EFTA01090718 3.987. MOTION FOR POSTCONVICTION RELIEF 3.988. SENTENCING GUIDELINES 3.989. AFFIDAVIT, PETITION, AND ORDER TO EXPUNGE OR SEAL FORMS 3.990(a). SENTENCING GUIDELINES SCORESHEET 3.990(b). SUPPLEMENTAL SENTENCING GUIDELINES SCORESHEET 3.991(a). SENTENCING GUIDELINES SCORESHEET (OCTOBER I, 1995) 3.991(b). SUPPLEMENTAL SENTENCING GUIDELINES SCORESHEET (OCTOBER I, 1995) 3.992(a). CRIMINAL PUNISHMENT CODE SCORESHEET 3.992(b). SUPPLEMENTAL CRIMINAL PUNISHMENT CODE SCORESHEET 3.993. FORMS RELATED TO CAPITAL POSTCONVICTION RECORDS PRODUCTION 3.994. ORDER CERTIFYING NO INCARCERATION 3.995. ORDER OF REVOCATION OF PROBATION/COMMUNITY CONTROL EFTA01090719 I. SCOPE, PURPOSE, AND CONSTRUCTION RULE 3.010. SCOPE These rules shall govern the procedure in all criminal proceedings in state courts including proceedings involving direct and indirect criminal contempt, proceedings under rule 3.850, and vehicular and pedestrian traffic offenses insofar as these rules are made applicable by the Florida Rules of Practice and Procedure for Traffic Courts. These rules shall not apply to direct or indirect criminal contempt of a court acting in any appellate capacity. These rules shall not apply to rules 3.811 and 3.812. These rules shall be known as the Florida Rules of Criminal Procedure and may be cited as Fla. R. Crim. P. Committee Notes 1968 Adoption. These rules arc not intended to apply to municipal courts. but arc intended to apply to all state courts where "crimes- arc charged. 1972 Amendment Amended to provide for applicability of rules to vehicular traffic offences. when made so by the traffic court rules. 1992 Amendment. The rule is amended to refer to "Florida Rules of Criminal Procedure- and "Fla. R. Crim. P." rather than to "Rules of Criminal Procedure" and "R. Crim. P." Although the Florida Bar Rules of Criminal Procedure already contains this language. the West publications. Florida Rules of Court (1991) and Florida Criminal Law and Rules (1991). do not. The published version of nue 3.010. In re Florida Rules of Criminal Procedure. 272 So.2d 65 (Fla. 1973). and the single published amendment to the rule. In re Amendments to the Florida Rules of Criminal Procedure. 518 So.2d 256 (Fla. 1987). also do not contain these additions. The Florida Bar publication. Florida Criminal Rules and Practice. in a commentary to rule 3.010. indicates that the Florida Supreme Court changed the citation form in an order cffcctivelanuary 1. 1977. The commentary indicates that the order stated in pertinent part: In order to provide the clarity• of citations in briefs filed in this court and other legal writings, the following amendments to the procedural rules adopted by this cowl pursuant to Article V. Section 2(a). of the Florida Constitution are hereby adopted. • • • The last sentence of Rule 3.010 of the Florida Rules of Criminal Procedure is amended as follows: "These Rules shall be known as the Florida Rules of Criminal Procedure and may be cited as Fla. R. Crim. P." However. these changes were apparently inadvertently omitted when the 1987 amendments were published. The proposed 1992 amendments again incorporate into the rule the language set out in the coon's 1977 order. The amendments would enable clearer identification of the rules and achieve consistency of style with other sets of court rules, in particular. rule 9.800(i). Fla. R. App. P.. which provides that the proper citation to the Florida Rules of Criminal Procedure is Fla. R. Crim. P. RULE 3.020. PURPOSE AND CONSTRUCTION These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure and fairness in administration. Committee Notes 1968 Adoption. Substantially the same as Federal Rule 2. 1972 Amendment. Same as prior rule. RULE 3.025. STATE AND PROSECUTING ATTORNEY DEFINED Whenever the terms "state," "state attorney," "prosecutor." "prosecution." "prosecuting officer." or -prosecuting attorney" are used in these rules, they shall be construed to mean the prosecuting authority representing the state of Florida. Committee Notes 2000 Adoption. This provision is new. Its purpose is to include the Office of Statewide Prosecution as a prosecuting authority under these rules. No substantive changes are intended by the adoption of this rule. EFTA01090720 II. GENERAL PROVISIONS RULE 3.030. SERVICE OF PLEADINGS AND PAPERS (a) Service; When Required. Every pleading subsequent to the initial indictment or information on which a defendant is to be tried unless the court otherwise orders, and every order not entered in open court, every written motion unless it is one about which a hearing ex parte is authorized, and every written notice, demand, and similar paper shall be served on each party; however, nothing herein shall be construed to require that a plea of not guilty shall be in writing. (b) Same; How Made. When service is required or permitted to be made on a party represented by an attorney, the service shall be made on the attorney unless service on the party is ordered by the court. Service on the attorney or on a party shall be made by delivering a copy to the party or by mailing it to the party's last known address, or, if no address is known, by leaving it with the clerk of the court who shall place it in the court file. Delivery of a copy within this rule shall mean: (1) handing it to the attorney or to the party; or (2) leaving it at the attorney's office with the secretary or other person in charge; or (3) if there is no one in charge, leaving it in a conspicuous place therein; or (4) if the office is closed or the person to be served has no office, leaving it at the person's usual place of abode with a family member above 15 years of age and informing that person of the contents. Service by mail shall be considered complete upon mailing; or (5) transmitting it electronically to each party with a cover sheet indicating the sender's name, bar number, firm, address, telephone number, facsimile or modem number, and the number of pages transmitted. Electronic service occurs when transmission of the last page is complete. Service by delivery or electronic transmission after 5:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday. (c) Filing. All original papers, copies of which are required to be served on parties, must be filed with the court either before service or immediately thereafter. (d) Filing with the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him or her, in which event the judge shall note thereon the filing date and transmit them to the office of the clerk. Unless any rule expressly provides to the contrary, filing of pleadings and other papers with the court may be made by electronic transmission provided for and in accordance with the Florida Rules of Judicial Administration. (e) Certificate of Service. When any attorney shall in substance certify: I do certify that a copy (copies) hereof (has) (have) been furnished to (here insert name or names) by (delivery) (mail) on (date) Attorney the certificate shall be taken as prima facie proof of service in compliance with all rules of court and law. Committee Notes 1968 Adoption. Taken from the Florida Rules of Civil Procedure. EFTA01090721 1972 Amendment. Same as prior rule: (a) amended by deleting reference to trial on affidavit. 2000 Amendment. Fraudulent manipulation of electronically transmitted service should be considered contemptuous and dealt with by appropriate sanctions by the court. RULE 3.040. COMPUTATION OF TIME In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is not to be included. The last day of the period so computed shall be counted, unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day that is neither a Saturday, Sunday, nor legal holiday. When the period of time prescribed or allowed shall be less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation, except for the periods of time of less than 7 days contained in rules 3.130, 3.132(a) and (c), and 3.133(a). Committee Notes 1968 Adoption. Taken from the Florida Rules of Civil Procedure. 1972 Amendment. Same as prior rule. 1988 Amendment. The 1983 amendments resulted in the reallocation of the time periods in rule 3.131 to rule 3.133. and also added an important 5-day period in the new rule regarding pretrial detention in rule 3.132. Court Commentary 1975 Amendment. Underlined portion is the only change. The effect is to remove the 72-hour provision of proposed rule 3.131 from the Saturday. Sunday. and legal holiday exception. RULE 3.050. ENLARGEMENT OF TIME When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for good cause shown may, at any time, in its discretion (I) with or without notice, order the period enlarged if a request therefor is made before the expiration of the period originally prescribed or extended by a previous order or (2) upon motion made and notice after the expiration of the specified period, permit the act to be done when the failure to act was the result of excusable neglect; but it may not, except as provided by statute or elsewhere in these rules, extend the time for making a motion for new trial, for taking an appeal, or for making a motion for a judgment of acquittal. Committee Notes 1968 Adoption. Taken from the Florida Rules of Civil Procedure. 1972 Amendment. Same as prior rule. RULE 3.060. TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof, shall be served on the adverse party a reasonable time before the time specified for the hearing. Committee Notes 1968 Adoption. Taken from rules of civil procedure. 1972 Amendment. Same as prior rule. EFTA01090722 RULE 3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper on the party and the notice or paper is served on the party by mail, 3 days shall be added to the prescribed period. Committee Notes 1968 Adoption. This is the same as rule 1.6(e). Florida Rules of Civil Procedure. except for the omission of subdivision (c) of the civil rules. which appears to be inapplicable to criminal cases. 1972 Amendment. Same as prior rule. RULE 3.080. NONVERIFICATION OF PLEADINGS Except when otherwise specifically provided by these rules or an applicable statute, every written pleading or other paper of a party represented by an attorney need not be verified or accompanied by an affidavit. Committee Notes 1968 Adoption. Taken from rules of civil procedure. 1972 Amendment. Same as prior rule. RULE 3.090. PLEADING CAPTIONS Every pleading, motion, order, judgment, or other paper shall have a caption containing the name of the court, the file number, the name of the first party on each side with an appropriate indication of other parties, and a designation identifying the party filing it and its nature or the nature of the order, as the case may be. All papers filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the paper and the party requesting or obtaining relief. RULE 3.111. PROVIDING COUNSEL TO INDIGENTS (a) When Counsel Provided. A person entitled to appointment of counsel as provided herein shall have counsel appointed when the person is formally charged with an offense, or as soon as feasible after custodial restraint, or at the first appearance before a committing judge, whichever occurs earliest. (b) Cases Applicable. (I) Counsel shall be provided to indigent persons in all prosecutions for offenses punishable by incarceration including appeals from the conviction thereof. In the discretion of the court, counsel does not have to be provided to an indigent person in a prosecution for a misdemeanor or violation of a municipal ordinance if the judge, at least 15 days prior to trial, files in the cause a written order of no incarceration certifying that the defendant will not be incarcerated in the case pending trial or probation violation hearing, or as part of a sentence after trial, guilty or nolo contendere plea, or probation revocation. This 15•day requirement may be waived by the defendant or defense counsel. (A) If the court issues an order of no incarceration after counsel has been appointed to represent the defendant, the court may discharge appointed counsel unless the defendant is incarcerated or the defendant would be substantially disadvantaged by the discharge of appointed counsel. (B) If the court determines that the defendant would be substantially disadvantaged by the discharge of appointed counsel, the court shall either: EFTA01090723 i. not discharge appointed counsel; or ii. discharge appointed counsel and allow the defendant a reasonable time to obtain private counsel, or if the defendant elects to represent himself or herself, a reasonable time to prepare for trial. (C) If the court withdraws its order of no incarceration. it shall immediately appoint counsel if the defendant is otherwise eligible for the services of the public defender. The court may not withdraw its order of no incarceration once the defendant has been found guilty or pled nolo contendere. (2) Counsel may be provided to indigent persons in all proceedings arising from the initiation of a criminal action against a defendant, including postconviction proceedings and appeals therefrom, extradition proceedings, mental competency proceedings, and other proceedings that are adversary in nature, regardless of the designation of the court in which they occur or the classification of the proceedings as civil or criminal. (3) Counsel may be provided to a partially indigent person on request, provided that the person shall defray that portion of the cost of representation and the reasonable costs of investigation as he or she is able without substantial hardship to the person or the person's family, as directed by the court. (4) "Indigent" shall mean a person who is unable to pay for the services of an attorney, including costs of investigation, without substantial hardship to the person or the person's family; -partially indigent" shall mean a person unable to pay more than a portion of the fee charged by an attorney, including costs of investigation, without substantial hardship to the person or the person's family. (5) Before appointing a public defender, the court shall: (A) inform the accused that, if the public defender is appointed, a lien for the services rendered by the public defender may be imposed under section 27.56, Florida Statutes; (B) make inquiry into the financial status of the accused in a manner not inconsistent with the guidelines established by section 27.52, Florida Statutes. The accused shall respond to the inquiry under oath; (C) require the accused to execute an affidavit of insolvency as required by section 27.52, Florida Statutes. (c) Duty of Booking Officer. In addition to any other duty, the officer who commits a defendant to custody has the following duties: (1) The officer shall immediately advise the defendant: (A) of the right to counsel; (B) that, if the defendant is unable to pay a lawyer. one will be provided immediately at no charge. (2) If the defendant requests counsel or advises the officer that he or she cannot afford counsel, the officer shall immediately and effectively place the defendant in communication with the (office of) public defender of the circuit in which the arrest was made. (3) If the defendant indicates that he or she has an attorney or is able to retain an attorney, the officer shall immediately and effectively place the defendant in communication with the attorney or the Lawyer Referral Service of the local bar association. EFTA01090724 (4) The public defender of each judicial circuit may interview a defendant when contacted by, or on behalf of, a defendant who is, or claims to be, indigent as defined by law. (A) If the defendant is in custody and reasonably appears to be indigent, the public defender shall tender such advice as is indicated by the facts of the case, seek the setting of a reasonable bail, and otherwise represent the defendant pending a formal judicial determination of indigency. (B) If the defendant is at liberty on bail or otherwise not in custody, the public defender shall elicit from the defendant only the information that may be reasonably relevant to the question of indigency and shall immediately seek a formal judicial determination of indigency. If the court finds the defendant indigent, it shall immediately appoint counsel to represent the defendant. (d) Waiver of Counsel. (1) The failure of a defendant to request appointment of counsel or the announced intention of a defendant to plead guilty shall not, in itself, constitute a waiver of counsel at any stage of the proceedings. (2) A defendant shall not be considered to have waived the assistance of counsel until the entire process of offering counsel has been completed and a thorough inquiry has been made into both the accused's comprehension of that offer and the accused's capacity to make a knowing and intelligent waiver. Before determining whether the waiver is knowing and intelligent, the court shall advise the defendant of the disadvantages and dangers of self- representation. (3) Regardless of the defendant's legal skills or the complexity of the case, the court shall not deny a defendant's unequivocal request to represent himself or herself, if the court makes a determination of record that the defendant has made a knowing and intelligent waiver of the right to counsel. (4) A waiver of counsel made in court shall be of record; a waiver made out of court shall be in writing with not less than 2 attesting witnesses. The witnesses shall attest the voluntary execution thereof. (5) If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the defendant appears without counsel. (e) Withdrawal of Defense Counsel After Judgment and Sentence. The attorney of record for a defendant in a criminal proceeding shall not be relieved of any duties, nor be permitted to withdraw as counsel of record, except with approval of the lower tribunal on good cause shown on written motion, until after: (1) the filing of: (A) a notice of appeal; (B) a statement of judicial acts to be reviewed, if a transcript will require the expenditure of public funds; (C) directions to the clerk, if necessary; and (D) a designation of that portion of the reporter's transcript that supports the statement of judicial acts to be reviewed, if a transcript will require expenditure of public funds: or (2) substitute counsel has been obtained or appointed, or a statement has been filed with the appellate court that the appellant has exercised the right to self-representation. In publicly funded cases, the public defender for the local circuit court shall be appointed initially until the record is transmitted to the appellate court: or (3) the time has expired for filing of a notice of appeal, and no notice has been filed. EFTA01090725 Orders allowing withdrawal of counsel are conditional, and counsel shall remain of record for the limited purpose of representing the defendant in the lower tribunal regarding any sentencing error that the lower tribunal is authorized to address during the pendency of the direct appeal under rule 3.800(b)(2). Committee Notes 1972 Adoption. Part 1 of the ABA Standard relating to providing defense services deals with the general philosophy for providing criminal defense services and while the commiuee felt that the philosophy should apply to the Florida Rules of Criminal Procedure. the standards were not in such form to be the subject of that particular rule. Since the standards deal with the national situation. contained in them were alternative methods of providing defense services. i.c., assigned counsel vs. defender system: but. Florida. already having a defender system need not be concerned with the assigned counsel system. (a) Taken from the first sentence of ABA Standard 5.1. There was considerable discussion within the committee concerning the time within which counsel should be appointed and who should notify defendant's counsel. The commentary in the ABA Standard under 5.1a. b. convinced the committee to adopt the language here contained. (b) Standard 4.1 provides that counsel should be provided in all criminal cases punishable by loss of liberty. except those types where such punishment is not likely to be imposed. The committee determined that the philosophy of such standard should be recommended to the Florida Supreme Court. The committee determined that passible deprivation of liberty for any period makes a case serious enough that the accused should have the right to counsel. (c) Based on the recommendation of ABA Standard 5. lb and the commentary thereunder which provides that implementation of a rule for providing the defendant with counsel should not be limited to providing a means for the accused to contact a lawyer. (d) From standard 7.2 and the commentaries thereunder. 1980 Amendment. Modification of the existing rule (the addition of (bX5XA)—(C)) provides a greater degree of uniformity in appointing counsel to indigent defendants. The defendant is put on notice of the lien for public defender services and must give financial information under oath. A survey of Florida judicial circuits by the Committee on Representation of Indigents of the Criminal Law Section (1978-79) disclosed the fact that several circuits had no procedure for determining indigcncy and that there were circuits in which no affidavits of insolvency were executed (and no legal basis for establishing or collecting lien monies). 1992 Amendment. In light of State v. District Court of Appeal of Florida. First District. 569 So.2d 439 (Flh. 1990). in which the supreme court pronounced that motions seeking belated direct appeal based on ineffective assistance of counsel should be filed in the trial court pursuant to rule 3.850. the committee recommends that rule 3.111(e) be amended to detail with specificity defense counsel's duties to perfect an appeal prior to withdrawing after judgment and sentence. The present provision merely notes that such withdrawal is governed by Florida Rule of Appellate Procedure 9.140(b$3). 1998 Amendment. The amendments to (dX2)—(3) were adopted to reflect State v. Bowen. 698 So.2d 248 (Fla. 1997). which implicitly overruled Cappelia v. State. 204 So.2d 913 (Fla. 4th DCA 1967). rev'd on other grounds 216 So.2d 749 (Fla. 1968). See Fitzpatrick v. Wainwright. 800 F.2d 1057 (11th Cir. 1986). fora list of factors the court may consider. See also McKaskle v. Wiggins.465 U.S. 168.104 S.Ct. 944.79 L.Ed.2d 122 (1984). and Savage v. Esielle.924 F.2d 1459 (9th Cir. 1990). cert. denied 501 U.S.1255.111 S.Ct. 2900.115 L.Ed.2d 1064 (1992). which suggest that the defendant's right to self-representation is limited when the defendant is not able or willing to abide by the rules of procedure and courtroom protocol. 2000 Amendment This rule applies only to judicial proceedings and is inapplicable to investigative proceedings and matters. See mit 3.010. 2002 Amendment. Indigent defendants are entitled to counsel if they are eithercurrently in custody or ntight be incarcerated in their case. See Alabama v. Shelton. 122 S.R. 1764. 1767 (2002) (Sixth Amendment forbids imposition of suspended sentence that may "end up in the actual deprivation of a person's liberty" unless defendant accorded "the guiding hand of counsel"). See also Tur v. State. 797 So. 2d 4 (Fla. 3d DCA 2001) (uncounseled plea to criminal charge cannot result in jail sentence based on violation of probationary sentence for that charge): Harris v. State. 773 So.2d 627 (Fla. 4th DCA 2000). Discharge of the public defender based on an order certifying no incarceration that is entered after the public defender has already spent considerable time and resources investigating the case and preparing a defense may leave the defendant "in a position worse than if no counsel had been appointed in the first place." State it U11.642 So. 2d 721.724 (Fla. 1994). In determining whether a defendant's due process rights would be violated by the discharge of the public defender, the court should consider all of the relevant circumstances, including, but not limited to: 1. The stage of the proceedings at which the order of no incarceration is entered. 2. The extent of any investigation and pretrial preparation by the public defender. EFTA01090726 3. Any prejudice that might result if the public defender is discharged. 4. The nature of the case and the complexity of the issues. 5. The relationship between the defendant and the public defender. Counsel may be provided to indigent persons in all other proceedings in. or arising from. a criminal case and the court should resolve any doubts in favor of the appointment of counsel for the defendant. See Graham v. Shur. 372 So.2d 1363. 1365 (Ha. 19791. Sec form found at Fla.R.Crim.P. 3.994. 2005 Amendment. See Affidavit of Indigent Status as provided by In re Approval of Fort:dew Use by firth °Me Circuit Courts Pursuant to Rule 10-2.1(W of the Rules Regulating the Florida Bar• 877 So. 2d 720 (Fla. 20441. RULE 3.112. MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES (a) Statement of Purpose. The purpose of these rules is to set minimum standards for attorneys in capital cases to help ensure that competent representation will be provided to capital defendants in all cases. Minimum standards that have been promulgated concerning representation for defendants in criminal cases generally and the level of adherence to such standards required for noncapital cases should not be adopted as sufficient for death penalty cases. Counsel in death penalty cases should be required to perform at the level of an attorney reasonably skilled in the specialized practice of capital representation, zealously committed to the capital case, who has had adequate time and resources for preparation. These minimum standards for capital cases are not intended to preclude any circuit from adopting or maintaining standards having greater requirements. (b) Definitions. A capital trial is defined as any first-degree murder case in which the State has not formally waived the death penalty on the record. A capital appeal is any appeal in which the death penalty has been imposed. A capital postconviction proceeding is any postconviction proceeding where the defendant is still under a sentence of death. (c) Applicability. This rule applies to all lawyers handling capital trials and capital appeals, who are appointed or retained on or after July 1, 2002. Subject to more specific provisions in the rule, the standards established by the rule apply to Public Defenders and their assistants. (d) List of Qualified Conflict Counsel. (1) Every circuit shall maintain a list of conflict counsel qualified for appointment in capital cases in each of three categories: (A) lead trial counsel; (B) trial cocounsel; and (C) appellate counsel. No attorney may be appointed to handle a capital trial or appeal unless duly qualified on the appropriate list. (2) The conflict committee for each circuit is responsible for approving and removing attorneys from the list pursuant to section 925.037, Florida Statutes. Each circuit committee is encouraged to obtain addi- tional input from experienced capital defense counsel. (e) Appointment of Counsel. A court must appoint lead counsel and, upon written application and a showing of need by lead counsel, should appoint cocounsel to handle every capital trial in which the EFTA01090727 defendant is not represented by retained counsel or the Public Defender. Lead counsel shall have the right to select cocounsel from attorneys on the lead counsel or cocounsel list. Both attorneys shall be reasonably compensated for the trial and sentencing phase. Except under extraordinary circumstances, only one attorney may be compensated for other proceedings. In capital cases in which the Public Defender is appointed, the Public Defender shall designate lead and cocounsel. (f) Lead Counsel. Lead trial counsel assignments should be given to attorneys who: (1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and (2) are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; and (3) have prior experience as lead counsel in no fewer than nine state or federal jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or cocounsel in at least two state or federal cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and (4) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and (5) are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence; and (6) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty; and (7) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases. Attorneys who do not meet the continuing legal education requirement on July 1, 2002, shall have until March 1, 2003, in which to satisfy the continuing legal education requirement. (g) Cocounsel. Trial cocounsel assignments should be given to attorneys who: (1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and (2) qualify as lead counsel under paragraph (f) of these standards or meet the following requirements: (A) are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and (B) have prior experience as lead counsel or cocounsel in no fewer than three state or federal jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and (C) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and (D) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, and EFTA01090728 (E) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases. Attorneys who do not meet the con- tinuing legal education requirement on July 1. 2002. shall have until March 1. 2003. in which to satisfy the requirement. (h) Appellate Counsel. Appellate counsel assignments should be given to attorneys who: (1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and (2) are experienced and active trial or appellate practitioners with at least five years of experience in the field of criminal law; and (3) have prior experience in the appeal of at least one case where a sentence of death was imposed, as well as prior experience as lead counsel in the appeal of no fewer than three felony convictions in federal or state court. at least one of which was an appeal of a murder conviction; or alternatively, have prior experience as lead counsel in the appeal of no fewer than six felony convictions in federal or state court, at least two of which were appeals of a murder conviction; and (4) are familiar with the practice and procedure of the appellate courts of the jurisdiction; and (5) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases: and (6) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases. Attorneys who do not meet the continuing legal education requirement on July 1, 2002, shall have until March 1, 2003, in which to satisfy the requirement. (i) Notice of Appearance. An attorney who is retained or appointed in place of the Public Defender to represent a defendant in a capital case shall immediately file a notice of appearance certifying that he or she meets the qualifications of this rule. If the office of the Public Defender is appointed to represent the defendant, the public defender shall certify that the assistants assigned as lead and cocounsel meet the requirements of this rule. A notice of appearance filed under this rule shall be served on the defendant. (j) Limitation on Caseloads. (1) Generally. As soon as practicable, the trial court should conduct an inquiry relating to counsel's availability to provide effective