26-33, SUPERSEDES 26-25-S IN RE: CRIMINAL – DEADLINES FOR FILING PRETRIAL MOTIONS - ORDERED 6/11/2026 BY MELANIE CHASE
WHEREAS, the Florida Supreme Court issued SC2024-0839 in which it adopted amendments to Florida Rule of Criminal Procedure 3.190 regarding the filing of pretrial motions, In re: Amendments to Florida Rule of Criminal Procedure 3.190, 421 So. 3d 424 (Fla. 2025);
WHEREAS, the amendments to Rule 3.190, effective July 13, 2026, clarify the timing and content requirements for pretrial motions to dismiss charging documents, including those asserting Stand Your Ground immunity pursuant to section 776.032, Florida Statutes, and motions to suppress evidence or statements;
WHEREAS, the amendments to Rule 3.190 reinforce the trial judge’s scheduling authority, promote orderly and predictable pretrial practice, and protect against last-minute dismissal attempts that could disrupt trial settings without a compelling justification; and
WHEREAS, in order to streamline the procedures for timing and enforcement of pretrial motions in the criminal divisions of the Eighteenth Judicial Circuit;
IT IS ORDERED:
I. MOTIONS TO DISMISS:
A. All motions to dismiss a charging document, including Stand Your Ground motions, must be filed no later than:
- 180 days after the charging document is filed for felony cases, and
- 90 days after the charging document is filed for misdemeanor cases.
B. The trial judge must dismiss any motion to dismiss that is not filed before the deadline set forth above, unless otherwise modified by the trial judge by court order in a particular case, or unless the defendant demonstrates good cause for the delay or the motion is based on fundamental grounds.
II. MOTIONS TO SUPPRESS:
A. All motions to suppress evidence or statements must be filed no later than:
- 180 days after the charging document is filed for felony cases, and
- 90 days after the charging document is filed for misdemeanor cases.
B. The trial judge must dismiss any motion to suppress that is not filed before the deadline set forth above, unless otherwise modified by the trial judge by court order in a particular case, or unless the defendant demonstrates good cause for the delay or the State does not object.
III. To the extent any individual judicial policies and procedures conflict with this Order, the provisions of this Order and the amendments to Rule 3.190 prevail.
IV. This Administrative Order shall take effect immediately and remain in effect until modified or rescinded.
DONE AND ORDERED this 20th day of August 2026.
MELANIE CHASE