RULE 3.380. MOTION FOR JUDGMENT OF ACQUITTAL

(a) Timing. If, at the close of the evidence for the state or at
the close of all the evidence in the cause, the court is of the opinion
that the evidence is insufficient to warrant a conviction, it may, and
on the motion of the prosecuting attorney or the defendant shall,
enter a judgment of acquittal.

(b) Waiver. A motion for judgment of acquittal is not waived
by subsequent introduction of evidence on behalf of the defendant.
The motion must fully set forth the grounds on which it is based.

(c) Renewal. If the jury returns a verdict of guilty or is
discharged without having returned a verdict, the defendant’s
motion may be made or renewed within 10 days after the reception
of a verdict and the jury is discharged or such further time as the
court may allow.

Committee Notes

1968 Adoption. Substantially same as section 918.08, Florida
Statutes, except as follows:

(a) The existing statutory practice of granting directed
verdicts is abolished in favor of the federal practice of having the
judge enter a judgment of acquittal.
(b) The wording was changed to comply with the judgment of
acquittal theory. A majority of the committee felt that the substance
of the existing statute was all right, but a minority felt that the
language should be changed so that a defendant would waive an
erroneous denial of his motion for judgment of acquittal by
introducing evidence. This point was raised in Wiggins v. State, 101
So. 2d 833 (Fla. 1st DCA 1958), wherein the court said that this
statute is “ineptly worded.”

1972 Amendment. (a) and (b) same as prior rule 3.660,
transferred to better follow trial chronology. (c) provides time period
for renewal of motion and is new.

1980 Amendment. This brings rule 3.380(c) into conformity
with Florida Rule of Civil Procedure 1.480(b) as it relates to the
number of days (10) within which a party, either in a civil or
criminal case, may make or renew a motion for judgment of
acquittal. There appears to be no sound reason for the distinction
between the criminal rule (4 days or such greater time as the court
may allow, not to exceed 15 days) and the civil rule (10 days).