Amendments to procedural rules
Amendments to procedural rules
The Rules of Judicial Administration Committee, the Criminal Procedure Rules Committee and the Appellate Court Rules Committee invite comments on the proposed rule amendments to the Florida Rules of Appellate Procedure and Florida Rules of Criminal Procedure to be included in the Committees’ joint out-of-cycle report. The report addresses concerns raised regarding lead counsel, additional counsel, and limited representation counsel. The amendments to Florida Rule of Judicial Administration 2.505 have previously been published for comment and comments have been addressed by the Rules of Judicial Administration Committee. In response to the amendments to Rule 2.505, the Appellate Court Rules Committee and the Criminal Procedure Rules Committee propose amendments to Rule 9.440 and Rule 3.010, respectively. The full text of the proposals can be found on The Florida Bar’s website at
www.FloridaBar.org
. Interested persons have until December 15, 2016, to submit any comments, electronically, to Meredith Charbula, Chair of the Criminal Procedure Rules Committee, at
[email protected]
, to Honorable T. Kent Wetherell, II, Chair of the Appellate Court Rules Committee, at
[email protected]
, and to the Bar staff liaison, Heather Telfer, at
[email protected]
.
Rule /Form |
Vote |
Explanation |
Rule 3.010. |
24-3 |
Amends Rule 3.010 to permit limited representation in criminal proceedings through first appearance, the setting and modification of bond, and motions for pretrial release. After this point in criminal proceedings, limited representation counsel is only permitted by leave of the court. These amendments are in response to the proposed amendments to Florida Rule of Judicial Administration 2.505(g). Editorial amendment. |
Rule 9.440. |
43-1 |
Amends Rule 9.440 to provide that the proposed designations of “lead attorney,” “additional attorney,” and “limited representation counsel” as proposed in Florida Rule of Judicial Administration 2.505(e)–(g) do not apply to proceedings governed by the appellate rules. Renumbers the subdivisions. Creates a committee note. |
