![]() ![]() Motion for Immediate Disclosure of Favorable Evidence The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney. Motion for Bill of Particulars: The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense. Motion to Consolidate: Request permitting the consolidation of a series of crimes committed in any one jurisdiction in a single complaint or information. Motion for Dismissal: This is a request by the defense for the judge to throw out the entire case. Motion to Appoint Expert: Request made to appoint persons with special skills, training or knowledge of a subject who will be able to testify in court by answering specific questions relating to the subject. It is usually presented right before trial begins and is made outside of the presence of the jury. 2d 717 (1980), the Florida Supreme Court held that that when a person accused of a capital offense or an offense punishable by life imprisonment seeks release on bail, it is within the discretion of the court to grant or deny bail when the proof of guilt is evident or the presumption great and that before the court can deny bail the state must have carried the burden of establishing that the proof of guilt is evident or the presumption great.ĭefendant's Demand for Discovery and Inspection: Made for the purpose of getting opposing counsel to disclose facts, titles, documents, or other things which are in his exclusive knowledge or possession, and which are necessary to the party requesting them.ĭefendant's Motion in Limine: This motion is made to prevent the prosecutor from presenting evidence whose prejudicial effects outweighs it probative value. Florida law allows for an Arthur any time after an arrest. However, unlike most court trials, the outcome will be determined by a judge, and not a jury. In such cases, the accused may request a hearing in front of a single judge to present evidence much like a trial. ![]() Motion to Amend the Complaint: Request for the court's permission to correct an error in the charging document or to add information.Ĭertain offenses in Florida are non-bondable, such as murder, kidnapping, armed robber, and sexual battery. Waiver of Personal Appearance at Arraignment Renewed Motion for Leave to Plead Nolo Contendere Petition for Habeas Corpus to Compel Preliminary Hearing Notice of Motion to Suppress Statements and Breathalyzer Test Results with Supporting Affirmation Motion to Change Venue: This is a request made by the defendant to transfer his case to a different location. Motion to Determine Sanity: Request made by the defense counsel for a hearing to ascertain a defendant's present mental capabilities. Motion to Continue: A request by either party to postpone an action on the case untill some futre date. Motion to Withdraw Guilty Plea and Set Bail Motion to Suppress Written or Oral Statements Allegedly Made by Defendant ![]() 115748.Motion to Suppress Evidence : A request that evidence be excluded because it was obtained by illegal means. A general function or purpose of a bill of particulars is to prevent injustice or do justice in the case when that cannot be accomplished without the aid of such a bill. ![]() It has also been stated that it is the function or purpose of a bill of particulars to define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. It is the office or function, as well as the object or purpose, of a bill of particulars to amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader, and apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matter specified, and in order that surprise at, and needless preparations for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial. ![]()
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