§ Rule 6-8.2 Definitions and Committee

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-8 Standards > Rule 6-8.2

Rule 6-8.2. Definitions and Committee

    (a) Criminal Law. “Criminal law” is the practice of law dealing with the defense and prosecution of misdemeanor and felony crimes in state and federal trial and appellate courts.

    (b) Practice of Law. The “practice of law” for this area is defined as set out in rule 6-3.5(c)(1).

    Criminal Law Certification Committee. At least 2 members of the “criminal law certification committee” shall be certified in
criminal appellate law. At least 5 members shall be certified in criminal trial law.

    (d) Trial. A “trial” shall be defined as substantially preparing a case for court, offering testimony or evidence (or crossexamination of witness[es]) in an adversarial proceeding before a trier of fact, and submission of a case to the trier of fact for determination of the ultimate fact of guilt or innocence.

    A trial conducted under the Jimmy Ryce Act, section 394.911, et seq., Florida Statutes, may count toward the trial requirement for initial certification or recertification. However, no more than 60 percent of the total trial requirement for criminal trial law certification or recertification may be based on Jimmy Ryce trials.

    (e) Protracted Litigation. “Protracted litigation” shall be defined as litigation that proceeds on a long-term basis involving
unusual and complicated legal or factual matters, extensive discovery, court hearings or trial, and by its very nature is so time consuming it precludes the applicant from meeting the numerical requirement.