Filing motion for new trial orally in Florida criminal proceedings

[deshan34]

What is the name of your state? Florida

RULE 3.580 says “When a verdict has been rendered against the defendant or the defendant has been found guilty by the court, the court on motion of the defendant, or on its own motion, may grant a new trial or arrest judgment”

Rule 3.590 says: “(a) Time for Filing in Noncapital Cases. In cases in which the state does not seek the death penalty, a motion for new trial or in arrest of judgment, or both may be made, either orally in open court or in writing and filed with the clerk’s office, within 10 days after the rendition of the verdict or the finding of the court.”

My question is: Because the above rule 3.590(a) states “a motion for new trial …may be made…orally in open court” does it mean, the rendition of the verdict or the finding of the court MUST be made in open court? (otherwise, there is no way to file a motion for new trial orally in open court?)

 

[quincy]

Are you a defendant looking for a new trial or are you just curious?

 

[Taxing Matters]

What is the name of your state? Florida
My question is: Because the above rule 3.590(a) states “a motion for new trial …may be made…orally in open court” does it mean, the rendition of the verdict or the finding of the court MUST be made in open court? (otherwise, there is no way to file a motion for new trial orally in open court?)

No. That rule only speaks to how the motion for a new trial may be made. It does not set out any requirements for how the verdict must be made. You have to look elsewhere in the rules for that.

 

[deshan34]

No. That rule only speaks to how the motion for a new trial may be made. It does not set out any requirements for how the verdict must be made. You have to look elsewhere in the rules for that.

Thank you. What is the meaning of "in open court"?

 

[Just Blue]

Thank you. What is the meaning of "in open court"?

Is this homework?

 

[deshan34]

Homework from where/what?

 

[Just Blue]

Homework from where/what?

The way you phrase your questions is suggestive of a student asking questions regarding a homework assignment.

That and the way you didn't respond to post #2 and answer the questions asked there but instead went right to post 3.

 

[quincy]

Thank you. What is the meaning of "in open court"?

“In open court” generally means that the court hearing/trial is open to the public.

 

[Litigator22]

What is the name of your state? Florida

RULE 3.580 says “When a verdict has been rendered against the defendant or the defendant has been found guilty by the court, the court on motion of the defendant, or on its own motion, may grant a new trial or arrest judgment”

Rule 3.590 says: “(a) Time for Filing in Noncapital Cases. In cases in which the state does not seek the death penalty, a motion for new trial or in arrest of judgment, or both may be made, either orally in open court or in writing and filed with the clerk’s office, within 10 days after the rendition of the verdict or the finding of the court.”

My question is: Because the above rule 3.590(a) states “a motion for new trial …may be made…orally in open court” does it mean, the rendition of the verdict or the finding of the court MUST be made in open court? (otherwise, there is no way to file a motion for new trial orally in open court?)

You are being somewhat myopic as subparagraph (a) of Rule 3.590 needs to be read with reference to subparagraph (c); to-wit:

"(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." (Emphasis added)

 

[deshan34]

You are being somewhat myopic as subparagraph (a) of Rule 3.590 needs to be read with reference to subparagraph (c); to-wit:

"(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." (Emphasis added)

Thank you. "When the defendant has been found guilty by a jury or by the court" does it mean the guilty verdict must be announced in the court, prior to

 

[quincy]

There must be a verdict, yes.

 

[deshan34]

Thank you. In indirect criminal contempt proceedings, the verdict and judgment are as per the Rule 3.840(f) which states “Verdict; Judgment. At the conclusion of the hearing the judge shall sign and enter of record a judgment of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the defendant has been found and adjudicated guilty.”

I also read “Criminal contempt proceedings are subject to court rules in criminal cases” Dowis v. State, 578 So. 2d 860 (Fla. 5th DCA 1991).

Does it mean, in indirect criminal contempt proceedings, 3.590 is applicable? That is,
In indirect criminal contempt proceedings, verdict must be announced in the same way as in other criminal proceedings?

In indirect criminal contempt proceedings, whether oral motion for new trial or in arrest of judgment can be made orally in open court, immediately after the return of the verdict or the finding of court?

 

[quincy]

What is the reason for your questions? If you were found guilty of a crime and want to appeal the verdict, you would benefit from having an attorney.

 

[deshan34]

Thank you. I am not found guilty yet but expecting some thing may happen and getting knowledge to defend.

 

[PayrollHRGuy]

Thank you. I am not found guilty yet but expecting some thing may happen and getting knowledge to defend.

If you wait until you are found guilty to defend yourself you are doing to backwards.