According to Florida Rule of Criminal Procedure 3.852(f), upon the entry of an appropriate court order, sealed containers subject to an inspection by the trial court shall be shipped to the clerk of court. The containers may be opened only for inspection by the trial court in camera. The moving party shall bear all costs associated with the transportation and inspection of such records by the trial court. The trial court shall perform the unsealing and inspection without ex parte communications and in accord with procedures for reviewing sealed documents.
Motion reopen order within 90 days refers to a legal process by which a party can request the court to reconsider or reexamine a previous ruling within a specified timeframe of 90 days. This motion enables parties to present new evidence, address errors or mistakes made during the original proceedings, or seek a change in the judge's decision. It is essential to understand the different types of motion reopen orders within 90 days, which include the following: 1. Motion to Reconsider: This type of motion seeks to have the court reconsider a previous decision based on errors of law or fact found in the original ruling. The party filing the motion presents arguments or evidence that were not previously considered but may impact the outcome. 2. Motion for Relief from Judgment: This motion allows a party to request relief from a final judgment, order, or proceeding due to exceptional circumstances, clerical mistakes, or newly discovered evidence that could not have been discovered earlier. It aims to rectify injustices caused by the original judgment. 3. Motion to Vacate or Set Aside Judgment: This motion seeks to have a judgment eliminated or nullified entirely due to irregularities in the proceedings, fraud, or misconduct on the part of one of the parties. It is typically filed when there is evidence of a significant error that undermines the fairness of the initial judgment. 4. Motion for New Trial: This type of motion requests the court to grant a new trial if errors or misconduct affected the fairness of the original proceedings or if substantial justice was not served. It allows the opportunity to present new evidence, challenge witness credibility, or argue legal errors for a potential different outcome. 5. Motion to Modify or Amend Judgment: This motion aims to have the court revise or change aspects of the original judgment that may no longer be appropriate or fair. It is commonly filed when circumstances have significantly changed since the original ruling, such as a change in financial circumstances or child custody arrangements. 6. Motion for Rehearing: A party can file this motion when they believe there were errors in the court's decision or if they wish to present additional arguments before the same judge who made the original ruling. It typically requires a demonstration of why a rehearing is necessary and how it may impact the outcome. In summary, a motion reopen order within 90 days allows parties to seek a review and potential revision of a court's earlier decision. By utilizing various types of motions, parties can present new evidence, correct errors, address irregularities, and ultimately pursue a more just outcome.
