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.
A Motion to Reopen Case in Florida refers to a legal procedure where a party seeks to have a closed case reopened for various reasons. This motion can be filed in both civil and criminal cases and is typically presented to the court by the party who wishes to reopen the case. A motion is a formal written request to the court, providing the necessary grounds and evidence to support the request for reopening the case. Here are some specific types of Motion to Reopen Case in Florida along with sample motions: 1. Motion to Reopen a Civil Case: This type of motion is usually filed when new evidence is discovered after the closure of a civil case, which could significantly impact the outcome. The party filing the motion must clearly state the reasons for reopening the case, provide supporting evidence, and explain how this newly discovered evidence can change the prior judgment. A sample motion may include a detailed explanation of the new evidence, affidavits, and exhibits to support the claim. 2. Motion to Reopen a Criminal Case: In the criminal justice system, a Motion to Reopen a case serves as a vehicle for addressing potential errors, misconduct, or any other significant reasons that may warrant revisiting a closed criminal case. Some common grounds for filing this motion include the discovery of new evidence, constitutional violations, ineffective assistance of counsel, or to correct a manifest injustice. A sample motion might outline the newly discovered evidence, legal arguments supporting the claim, and any relevant case precedents. 3. Motion to Reopen a Family Law Case: Family law cases, such as divorce, child custody, or child support, can also be subject to a Motion to Reopen. This motion is typically filed when there is a substantial change in circumstances that warrant revisiting a prior court order or judgment. For instance, if one party can prove a significant change in income, relocation, or other relevant factors affecting the best interests of the child, the court may consider reopening the case. A sample motion could include supporting documentation, affidavits, and any necessary legal arguments. 4. Motion to Reopen an Immigration Case: Immigration proceedings in Florida may involve a Motion to Reopen for various reasons, including the discovery of new evidence, changes in circumstances, or to correct a previous error. This motion is commonly used when a person seeks to present new evidence that was not available during the initial immigration hearing or when there are concerns about constitutional rights violations. A sample motion in this context might include a detailed explanation of the new evidence, supporting documentation, and relevant legal arguments. It is important to note that each case is unique, and the specific requirements for filing a Motion to Reopen a case in Florida may vary depending on the type of case and the rules of the court where the motion is being filed. Therefore, it is highly recommended consulting with a qualified attorney who can provide legal advice tailored to your specific circumstances.
