RULE 3.590. TIME FOR AND METHOD OF MAKING MOTIONS;
PROCEDURE; CUSTODY PENDING HEARING

(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
a motion 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. A
timely motion may be amended to state new grounds without leave
of court prior to expiration of the 10-day period and in the
discretion of the court at any other time before the motion is
determined.

(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
attorney.
(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

1968 Adoption. (a) The same as the first part of section
920.02(3), Florida Statutes, except that the statutory word “further”
is changed to “greater” in the rule and provision for motion in arrest
of judgment is added.

(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.

NOTE: The provisions of the last part of section 920.02(2),
Florida Statutes, as to supersedeas and appeal are not incorporated
into this rule; such provisions are not germane to motions for new
trial or arrest of judgment.

(c) Substantially same as section 920.03, Florida Statutes.

(d) Substantially same as last part of section 920.02(3),
Florida Statutes, except that the last sentence of the rule is new.

NOTE: The provisions of section 920.02(4), Florida Statutes,
relating to supersedeas on appeal and the steps that are necessary
to obtain one, are not incorporated into a rule. The provisions of
section 920.02(4) do not belong in a group of rules dealing with
motions for new trial.

1972 Amendment. Substantially the same as prior rule.

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.