In my case which was heard by the Magistrate a few days ago. I found newly discovery evidence that I was not aware of until after the hearing. What do I need to file in order to have the Magistrate rehear my case before it becomes final? The other party in the case lied about his job and income status. I found evidence to show the correct facts after the hearing. Do I present the documents of evidence with filing the motion or do I wait to present it in courtroom?
Florida Rule of Procedure 1.490 allows you to file "exceptions" to the magistrate's report and recommendation to the Judge. You would cite all of the evidence to show why the testimony which came out at the hearing was false. Then once the exceptions are filed the Judge will have a hearing on the matter and decide whether to send the case back for a rehearing or ratify the Magistrate's report. The time frame for this is 10 days. It is comparable to a motion for a new hearing if the case was heard by the Judge. Your other option is to file a Motion to set aside the Judgement pursuant to Florida Rule of Civil Procedure 1.540 and this allows you to file a motion to set aside the order based on new evidence, however this motion would have to be filed within one year.
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