IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220.
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The Florida Supreme Court amended Rule of Criminal Procedure 3.220(d)(1)(B)(ii) to clarify that defendants in criminal cases need only disclose expert reports or statements that they intend to use at trial or a hearing, rather than all expert reports made in connection with the case. This amendment was prompted by the Kidder v. State decision, which required disclosure of all expert reports regardless of intended use.
The Court amended Rule 3.220(d)(1)(B)(ii) to require that only reports or statements of experts that the defendant intends to use as a witness at trial or a hearing need be disclosed to the prosecutor. The amendment narrowed the scope of the disclosure requirement from all expert reports made in connection with the case to only those the defendant intends to present.
[1] A criminal procedure rule requiring a defendant to disclose expert reports or statements made in connection with the case is amended to require disclosure only of those e…
[2] The plain language of a prior rule required a defendant to disclose expert reports irrespective of whether the defendant intended to use the report at trial.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“requires a defendant to disclose and permit the inspection and copying of 'reports or statements of experts made in connection with the particular case, including results of ... scientific tests, experiments, or comparisons.'”
The Court quoted the Kidder interpretation of the original rule language, which prompted the amendment to narrow the disclosure requirement.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Criminal Procedure Rules Committee proposed an amendment to Rule 3.220 addressing discovery obligations. The amendment was motivated…
The full statement of facts, procedural history, and disposition for this case are member content.
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*318This matter is before the Court for consideration of the out-of-cycle report of The Florida Bar's Criminal Procedure Rules Committee (Committee), proposing an amendment to Florida Rule of Criminal Procedure 3.220 (Discovery). See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction. See art. V, § 2(a), Fla. Const.
Florida Rule of Criminal Procedure 3.220 pertains to discovery in criminal cases. Subdivision (d) addresses a defendant's obligation upon electing to participate in reciprocal discovery. The Committee proposes amending subdivision (d)(1)(B)(ii) of rule 3.220 to require that only reports or statements of experts that the defendant intends to use at a hearing or at trial must be disclosed to the prosecutor. The Committee explains that the amendment is necessary based on the decision in Kidder v. State , 117 So.3d 1166 (Fla. 2d DCA 2013), which held that the plain language of the rule "requires a defendant to disclose and permit the inspection and copying of 'reports or statements of experts made in connection with the particular case, including results of ... scientific tests, experiments, or comparisons.' " 117 So.3d at 1169-70. Thus, Kidder was required to disclose the results of a blood alcohol test, irrespective of the fact that she did not intend to use the report at trial.
After considering the Committee's proposal, we amend Florida Rule of Criminal Procedure 3.220(d) as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendment shall become effective immediately upon the release of this opinion.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.
*319APPENDIX
RULE 3.220. DISCOVERY
(a)-(c) [No Change]
(d) Defendant's Obligation.
(1) If a defendant elects to participate in discovery, either through filing the appropriate notice or by participating in any discovery process, including the taking of a discovery deposition, the following disclosures shall be made:
(A) [No change]
(B) Within 15 days after receipt of the prosecutor's Discovery Exhibit the defendant shall serve a written Discovery Exhibit which shall disclose to and permit the prosecutor to inspect, copy, test, and photograph the following information and material that is in the defendant's possession or control:
(i) the statement of any person listed in subdivision (d)(1)(A), other than that of the defendant;
(ii) reports or statements of experts , that the defendant intends to use as a witness at a trial or hearing, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; and
(iii) any tangible papers or objects that the defendant intends to use in the hearing or trial.
(2)-(3) [No changes]
(e)-(o) [No changes]
Committee Notes
[No changes]
Court Commentary
[No changes]
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kidder v. State, 117 So. 3d 1166 (Fla. 2d DCA 2013)
- Hodges v. State, 117 So. 3d 1166 (Fla. 1st DCA 2013)