In re: Amendments to Florida Rules of Criminal Procedure 3.850 and 3.853
The Florida Supreme Court adopted amendments to Rules of Criminal Procedure 3.850 and 3.853 proposed by the Criminal Procedure Rules Committee. The amendments create new, more detailed pleading requirements for ineffective-assistance claims based on counsel's failure to call lay or expert witnesses, separate out newly-discovered-evidence pleading requirements into their own subdivision, and fix a rule 3.853 appeal-deadline conflict with Fla. R. App. P. 9.140(c)(2). The changes take effect January 1, 2026.
Key facts
- The Florida Supreme Court adopted amendments to Rules of Criminal Procedure 3.850 and 3.853 concerning postconviction motions for ineffective assistance of counsel and DNA testing appeals.
- The amendments impose new pleading requirements for ineffective-assistance claims based on failure to call lay or expert witnesses, requiring specific factual allegations about witness identity, testimony, availability, prejudice, and supporting documentation.
- +2 more key facts with a free trial
Why it matters
This rulemaking opinion directly and immediately affects how practitioners must plead ineffective-assistance-of-counsel claims in Rule 3.850 motions going forward, imposing specific, mandatory pleading elements for… — full analysis with a trial
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