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Section/Rule:
29.11
Subject:
Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - After-Trial Motions - Preservation of Error
Revised / Effective Date:
July 1, 2002
29.11. Misdemeanors or Felonies - After-Trial Motions - Preservation of Error
(
a
)
Granting a New Trial.
The court may grant a new trial upon good cause shown. A new trial may be granted to all or any of the defendants.
(
b
)
Time for Filing Motion.
A motion for a new trial or a motion authorized by
Rule 27.07(c)
shall be filed within fifteen days after the return of the verdict. On application of the defendant made within fifteen days after the return of the verdict and for good cause shown the court may extend the time for filing of such motions for one additional period not to exceed ten days.
(
c
)
When Judgment Rendered.
No judgment shall be rendered until the time for filing a motion for new trial has expired and if such motion is filed, until it has been determined. If a motion for new trial is not filed or if one is filed and overruled, judgment shall be rendered without unreasonable delay.
(
d
)
Motion for New Trial in Jury-Tried Cases - Allegation of Error Required.
In jury-tried cases, allegations of error to be preserved for appellate review must be included in a motion for new trial except for questions as to the following:
(1) Jurisdiction of the court over the offense charged;
(2) Whether the indictment or information states an offense;
(3) The sufficiency of the evidence to sustain the conviction.
(
e
)
Motions for New Trial in Cases Tried Without a Jury.
(1) Within the time prescribed in Rule 29.11(b),
a defendant may, but need not, file a motion for a new trial in cases tried without a jury.
(2) For appellate review of cases tried without a jury a motion for new trial is not necessary to preserve any matter for appellate review.
If a motion for new trial is filed, allegations of error to be preserved for appellate review must be included in a motion for new trial except for questions as to the following:
(A) Jurisdiction of the court over the offense charged;
(B) Whether the indictment or information states an offense;
(C) The sufficiency of the evidence to sustain the conviction.
(
f
)
After Trial Motions, Including a Motion for New Trial Based Upon Affidavits.
When any after-trial motion, including a motion for new trial, is based on facts not appearing of record, affidavits may be filed, which affidavits shall be served with the motion. The opposing party has ten days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. Depositions and oral testimony may be presented in connection with after-trial motions.
(
g
)
When Motion for New Trial Denied.
If the motion for new trial is not passed on within ninety days after the motion is filed, it is denied for all purposes. In computing the ninety days no day shall be counted during which the court lacks power to act.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Aug. 1, 1979; Aug. 19, 1994, eff. July 1, 1995; Dec. 18, 2001, eff. July 1, 2002.)
Committee Note - 1980
The sources of paragraph (a) are prior Rule 27.19 and Rule
78.01
.
In revising Rule 27.19 there is no intention to eliminate any of the reasons for which new trials have heretofore been granted or to change the law concerning the grounds for granting a new trial. The revision has been made solely to make the Rule more concise.
Compare: Fed.R.Crim.P. 33.
The sources of paragraph (b) are prior Rule 27.20(a) and Rule
78.04
. The time limit for filing posttrial motions has been changed.
Paragraph (c) is new.
Paragraph (d) is the same as Rule
78.07
except for minor changes in language to reflect differences between civil and criminal cases.
Compare: Prior Rule 27.20(a).
The source of paragraph (e) is Rule
73.01
.
Compare: Prior Rule 27.20(a).
Paragraph (f) is new. It is the same as Rule
78.05
.
Paragraph (g) is substantially the same as prior Rule 27.20 (b) and Rule
78.06
.
