RULE 3.600. GROUNDS FOR NEW TRIAL

(a) Grounds for Granting. The court shall grant a new trial
only if:

(1) the jurors decided the verdict by lot;

(2) the verdict is contrary to law or the weight of the
evidence; or

(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.

(b) Grounds for Granting if Prejudice is Established. The
court shall grant a new trial if substantial rights of the defendant
were prejudiced because:

(1) the defendant was not present at any proceeding at
which the defendant’s presence is required by these rules;
(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.

(c) Evidence. When a motion for new trial calls for a
decision on any question of fact, the court may consider evidence
on the motion by affidavit or otherwise.

Committee Notes

1968 Adoption. Same as sections 920.04 and 920.05, Florida
Statutes, except that the last paragraph of section 920.05 is omitted
from the rule. The provision of the omitted paragraph that a new
trial shall be granted to a defendant who has not received a fair and
impartial trial through no personal fault is inserted in the rule as
subdivision (b)(8). The provision of the omitted paragraph of the
statute which requires a new trial when the sentence exceeds the
penalty provided by law is omitted from the rule because no
defendant is entitled to a new trial merely because an excessive
sentence has been pronounced. 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.
(c) Same as second paragraph of section 920.07, Florida
Statutes.

1972 Amendment. Same as prior rule.