RULE 3.153. TIMELINESS OF DEFENDANT’S MOTION; WAIVER
Compilation updated · Source captured 2026-10-10. Florida Bar compilation; later amendments may exist. A compilation update date is not the effective date of every rule.
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RULE 3.153. TIMELINESS OF DEFENDANT’S MOTION; WAIVER
(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.
Committee Notes
1972 Adoption. (a) Relates solely to defendant’s motion for severance. Florida has no similar rule.
(b) Florida has no similar rule.