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 3.580. COURT MAY GRANT NEW TRIAL
- After a defendant has been found guilty, the court can grant a new trial.
- This can be done on the defendant's motion or on the court's own initiative.
- Instead of a new trial, the court can also "arrest judgment," which prevents the conviction from being finalized.
- This rule only provides the court's authority. The specific legal grounds for granting a new trial are listed in Rule 3.600.
1968 Adoption. Same as section 920.01, Florida Statutes, except arrest of judgment is added.
1972 Amendment. Same as prior rule.