Rule 6.340 - Affidavit of Defense or Admission and Waiver of Appearance(a) Appearance in Court. At trial, any defendant charged with an infraction may, in lieu of personal appearance or appearance using communication technology, file an affidavit of defense or an admission that the infraction was committed as provided in this rule.(b) Posting of Bond. The trial court may require a bond to be posted before the court will accept an affidavit in lieu of appearance at trial. The defendant shall be given reasonable notice if required to post a bond.(c)Attorney Representation. If a defendant is represented by an attorney in an infraction case, said attorney may represent the defendant in the absence of the defendant at a hearing or trial without the defendant being required to file an affidavit of defense. The attorney shall file a written notice of appearance. The attorney may enter any plea, proceed to trial, present evidence other than the defendant's statements, and examine and cross examine witnesses without the defendant being required to file an affidavit of defense. Nonetheless, a defendant represented by an attorney may file an affidavit of defense. If a represented defendant files such an affidavit, the affidavit must be signed and properly notarized, subjecting the affiant to perjury prosecution for false statements.Amended by SC21-990, effective 10/1/2022.Committee Notes
1996 Amendment. The Committee completely revised this rule to conform to the common practice of attorneys practicing in the traffic courts of Florida.