Post Trial Motions Flashcards Preview

MBE Florida Criminal Procedure and Juvenile Delinquency > Post Trial Motions > Flashcards

Flashcards in Post Trial Motions Deck (2)
Loading flashcards...
1
Q

When can a motion for new trial be filed?

A

In noncapital cases, the new trial motion must normally be made within 10 days after the verdict. This is a jurisdictional time limit.

2
Q

Under what circumstances must a motion for new trial be granted?

A

The court must grant a new trial if any of the following is established: i) The jurors decided the verdict by lot; ii) the verdict is contrary to the law or the weight of the evidence; or iii) new and material evidence emerged that the defendant could not have discovered with reasonable diligence, that if introduced at trial, would have changed the verdict or finding of the court