Florida Rules of Criminal Procedure
Section 12
Post-Trial Motions
RULE 3.580 | COURT MAY GRANT NEW TRIAL
Committee Notes
1972 Amendment. Same as prior rule.
RULE 3.590 | TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING
(b) Time for Filing in Capital Cases Where the Death Penalty Is an Issue. A motion for new trial or a motion in arrest of judgment, or both, or for a new penalty phase hearing may be made within 10 days after written final judgment of conviction and sentence of life imprisonment or death is filed. The motion may address grounds which arose in the guilt phase and the penalty phase of the trial. Separate motions for the guilt phase and the penalty phase may be filed. The motion or motions may be amended without leave of court prior to the expiration of the 10-day period, and in the discretion of the court, at any other time before the motion is determined.
(c) Oral Motions. When the defendant has been found guilty by a jury or by the court, the motion may be dictated into the record, if a court reporter is present, and may be argued immediately after the return of the verdict or the finding of the court. The court may immediately rule on the motion.
(d) Written Motions. The motion may be in writing, filed with the clerk; it shall state the grounds on which it is based. A copy of a written motion shall be served on the prosecuting attorney. When the court sets a time for the hearing thereon, the clerk may notify counsel for the respective parties or the attorney for the defendant may serve notice of hearing on the prosecuting officer.
(e) Custody Pending Motion. A defendant who is not already at liberty on bail shall remain in custody and not be allowed liberty on bail unless the court, on good cause shown if the offense for which the defendant is convicted is bailable, permits the defendant to be released on bail until the court disposes of the motion. If the defendant is already at liberty on bail that is deemed by the court to be good and sufficient, the court may permit the defendant to continue at large on such bail until the motion for new trial is heard and the court disposes of the motion.
Committee Notes
(b) Substantially the same as first part of section 920.02(2), Florida Statutes. The rule omits the requirement that the defendant be sentenced immediately on the denial of a motion for new trial (the court might wish to place the defendant on probation or might desire to call for a presentence investigation). The rule also omits the statute’s requirement that an order of denial be dictated to the court reporter, because the clerk is supposed to be taking minutes at this stage.
(d) Substantially same as last part of section 920.02(3), Florida Statutes, except that the last sentence of the rule is new.<
1980 Amendment. This brings Rule 3.590(a) into conformity with Florida Rule of Civil Procedure 1.530(b) as it relates to the time within which a motion for new trial or in arrest of judgment may be filed. It also allows the defendant in a criminal case the opportunity to amend the motion. The opportunity to amend already exists in a civil case. No sound reason exists to justify the disparities in the rules.
2006 Amendment. This amendment provides the time limitations and procedures for moving for new trial, arrest of judgment or a new penalty phase in capital cases in which the death penalty is an issue. The motion may be made within ten days after written final judgment of conviction and sentence of life imprisonment or death is filed.
RULE 3.600 | GROUNDS FOR NEW TRIAL
(2) the verdict is contrary to law or the weight of the evidence;
(3) new and material evidence, which, if introduced at the trial would probably have changed the verdict or finding of the court, and which the defendant could not with reasonable diligence have discovered and produced at the trial, has been discovered.
(2) the jury received any evidence out of court, other than that resulting from an authorized view of the premises;
(3) the jurors, after retiring to deliberate upon the verdict, separated without leave of court;
(4) any juror was guilty of misconduct;
(5) the prosecuting attorney was guilty of misconduct;
(6) the court erred in the decision of any matter of law arising during the course of the trial;
(7) the court erroneously instructed the jury on a matter of law or refused to give a proper instruction requested by the defendant; or
(8) for any other cause not due to the defendant’s own fault, the defendant did not receive a fair and impartial trial.
Committee Notes
(c) Same as second paragraph of section 920.07, Florida Statutes.
1972 Amendment. Same as prior rule.
RULE 3.610 | MOTION FOR ARREST OF JUDGMENT; GROUNDS
(b) the court is without jurisdiction of the cause;
(c) the verdict is so uncertain that it does not appear therefrom that the jurors intended to convict the defendant of an offense of which the defendant could be convicted under the indictment or information under which the defendant was tried; or
(d) the defendant was convicted of an offense for which the defendant could not be convicted under the indictment or information.
Committee Notes
Note also that, where appropriate, the rule mentions “affidavit” in addition to “indictment” and “information.” The standing committee on Florida court rules questioned whether this rule is procedural or substantive and directed the subcommittee to call this fact to the attention of the supreme court.
1972 Amendment. Same as prior rule. References to trial affidavit deleted.
RULE 3.620 | WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE
Committee Notes
1972 Amendment. Same as prior rule.
RULE 3.630 | SENTENCE BEFORE OR AFTER MOTION FILED
Committee Notes
1972 Amendment. Same as prior rule.
RULE 3.640 | EFFECT OF GRANTING NEW TRIAL
Committee Notes
1972 Committee Note. Same as prior rule.
You'll probably need to reference it during your pursuit of justice.
For instance, you might need to invoke certain rules to seek justice from judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
