Background
The Criminal Court Steering Committee proposed amendments to Florida Rule of Criminal Procedure 3.190, governing pretrial motions. The proposals responded to a Fourth District Court of Appeal decision stating that a motion to dismiss asserting stand-your-ground immunity may be entertained at any time before trial under Rule 3.190(c)(3).
On October 30, 2025, the Florida Supreme Court adopted amendments effective July 13, 2026, with modifications. Most pertinent here, the Court had removed the requirement that facts supporting certain dismissal motions be sworn. Because its revision to Rule 3.190(d) differed from the version published for comment, the Court accepted additional comments and received seven.
The Court’s Holding
After considering the comments, the Court further amended Rule 3.190(d) to retain the oath requirement. Under revised Rule 3.190(d)(2), a defendant seeking dismissal based on undisputed material facts must specifically allege the supporting facts, and the motion must be sworn.
The rule continues to allow the State to file a traverse or demurrer at least two days before the hearing. A traverse must be sworn, and the court must deny dismissal if the State’s traverse presents sworn evidence establishing with specificity a material disputed fact. The amendments took effect immediately.
Key Takeaways
- Motions under Rule 3.190(d)(2) must specifically allege their factual basis and be sworn.
- The State’s traverse must be sworn and may add material facts.
- A specifically supported sworn traverse showing a material factual dispute requires denial of the dismissal motion.
Why It Matters
The decision restores a verification requirement for defendants seeking dismissal on the ground that undisputed facts fail to establish a prima facie case of guilt. It also preserves a parallel sworn-evidence framework for the State when contesting the asserted facts.