Proposed Amendments to Rule 3.390 (Jury Instructions)
The Criminal Procedure Rules Committee in compliance with Florida Rule of General Application and Judicial Administration 2.140(b)(2), invite comments on the proposed rule amendments. Interested persons have until December 5, 2025, to submit any comments, electronically, to Katelyn Johnston, Chair of the Criminal Procedure Rules Committee and Viletta Coombs, Bar Staff Liaison, at [email protected].
RULE 3.390. JURY INSTRUCTIONS
(a) Subject of Instructions. The Florida Standard Jury Instructions in Criminal Cases appearing on The Florida Bar’s website be used, as provided in Florida Rule of General Practice and Judicial Administration 2.570, by the presiding judge in instructing the jury in a criminal case. The presiding judge shallmust instruct the jury only on the law of the case before or after the argument of counsel and may provide appropriate instructions during the trial. If the instructions are given prior to final argument, the presiding judge shallmust give the jury final procedural instructions after final arguments are concluded and prior to deliberations. Except in capital cases, the judge shallmust not instruct the jury on the sentence that may be imposed for the offense for which the accused is on trial.
(b) Form of Instructions. The instruction to a jury shallmust be orally delivered and shallmust also be in writing. All written instructions shallmust also be filed in the cause.
(c) Written Request. At the close of the evidence, or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. The court shallmust inform counsel of its proposed action on the request and of the instructions that will be given prior to their argument to the jury.
(d) Objections. No party may raise on appeal the giving or failure to give an instruction unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which the party objects and the grounds of the objection. Opportunity shallmust be given to make the objection out of the presence of the jury.
(e) Transcript and Review. When an objection is made to the giving of or failure to give an instruction, no exception need be made to the court’s ruling thereon in order to have the ruling reviewed, and the grounds of objection and ruling thereon shallmust be taken by the court reporter and, if the jury returns a verdict of guilty, transcribed by the court reporter and filed in the cause.
Committee Notes
1972 Adoption. The committee adopted section 918.10, Florida Statutes, with only minor modification as to terminology.
1988 Amendment. To assist the jury in understanding the jury instructions.
1992 Amendment. Suggested change in wording to make (d) clearer and easier to understand and also so it more closely follows its federal counterpart, Federal Rule of Criminal Procedure 30.
