Fla. R. Crim. P. 3.153 · I. SCOPE, PURPOSE, AND CONSTRUCTION
TIMELINESS OF DEFENDANT’S MOTION; WAIVER
Text — October 1, 2026 edition
(a) Timeliness; Waiver. A defendant’s motion for severance of multiple offenses or defendants charged in a single indictment or information shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for such a motion, but the court in its discretion may entertain such a motion at the trial. The right to file such a motion is waived if it is not timely made.
(b) Renewal of Motion. If a defendant’s pretrial motion for severance is overruled, the defendant may renew the motion on the same grounds at or before the close of all the evidence at the trial.
Notes and commentary — not rule text
Committee Notes
1972 Adoption. (a) Relates solely to defendant’s motion for severance. Florida has no similar rule. (b) Florida has no similar rule.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/2027_04-Oct-Criminal-Procedure-Rules-10-1-2026.pdf (PDF pages 97)
- Text hash
- sha256 4c9782bd4769b8115953ab75a320f3dc53b4ab9e9ff3a1610b7987e620d8856e
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.