A “(c)(4) motion” is criminal court’s version of summary judgment: it asks the judge to throw the charge out because, even taking the undisputed facts as true, the State cannot make a prima facie case of guilt. The name comes from Fla. R. Crim. P. 3.190(c)(4) — and here is the twist your lawyer knows: effective July 13, 2026, the Florida Supreme Court rewrote the rule (SC2024-0839), and the (c)(4) ground now lives at Rule 3.190(d)(2). Everyone will keep calling it a (c)(4).
How the motion works
You lay out the material facts and show they add up to no crime. The court must presume the facts alleged in the motion are true unless the State specifically denies them in a sworn traverse. If the State’s traverse presents sworn evidence establishing with specificity a material disputed fact, the court must deny the motion and the fight goes to a jury. A demurrer, by contrast, argues the law, not the facts.
What changed on July 13, 2026
- The ground formerly at rule 3.190(c)(4) was renumbered as rule 3.190(d)(2).
- The State’s traverse or demurrer must now be filed at least 2 days before the hearing — no more ambush at the podium.
- Pretrial motions must be filed by the deadline the trial judge sets; late motions get dismissed unless there is good cause or the ground is fundamental.
The detail most people miss
The motion must still be sworn to by the defendant personally. That oath is the price of admission, and it matters: your client is signing sworn factual statements in his own criminal case. This is so because the rule has carried the oath requirement for decades — and the supreme court is actively taking comment on whether to finally drop it. Until it does, a (c)(4) is a case-selection tool: filed on the right facts it ends a case before trial; filed on the wrong facts it hands the State sworn testimony and a preview of the defense.
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Read it yourself: the supreme court’s rewrite of Rule 3.190 is In re: Amendments to Florida Rule of Criminal Procedure 3.190. The rewrite grew out of stand-your-ground immunity motions under Fla. Stat. § 776.032.
Legally reviewed by Tonmiel Rodriguez · Last reviewed July 2026
Tonmiel Rodriguez is a criminal defense attorney in Bartow, Florida, and is Board Certified in Criminal Trial Law by The Florida Bar. If you are facing a criminal charge in Polk, Highlands, or Hardee County, call The Rodriguez Law Office at (863) 774-4556.