Rule 3.801 motions seeking jail credit must be made under oath. This means that defendants must sign the motion and swear that its contents are true. In addition to an oath, the motion should contain:
(2) the dates, location of incarceration, and total amount of time already awarded by the sentencing court for jail credit;
(3) the date, location of incarceration, and total amount of time that the defendant claims was not awarded;
(4) the location, case number, and resolution of any charges that were pending during the defendant's incarceration for which he/she now seeks credit; and
(5) whether the defendant waived any county jail credit at the time he/she was sentenced and if so, the number of days waived.
Under rule 3.801, the defendant may file an amended motion, receive an evidentiary hearing (unless it is clear from the record and the motion that the defendant is not entitled to the jail credit), file a motion for rehearing, and seek an appeal from the denial of the motion according to the same procedures outlined in rule 3.850, which are discussed in detail below. Most importantly, defendants should remember that a notice of appeal must be filed within 30 days of the date that the order denying the motion is rendered.


