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Supreme Court Rules



Section/Rule:
29.13

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 - Court may Set Aside Judgment or Grant New Trial - 30 Day Period - Grounds
Revised / Effective Date:
January 1, 1980

29.13. Misdemeanors or Felonies - Court may Set Aside Judgment or Grant New Trial - 30 Day Period - Grounds

(a) Within thirty days after the entry of the judgment and prior to the filing of the transcript of the record in the appellate court, the court may of its own initiative or on motion of a defendant arrest or set aside a judgment upon either of the following grounds: (1) that the facts stated in the indictment or information do not constitute an offense; or (2) that the court is without jurisdiction of the offense charged. The court shall specify of record the grounds upon which the order is entered.

(b) The court may, with the consent of the defendant, order a new trial of its own initiative before the entry of judgment and imposition of sentence but not later than thirty days after the verdict of the jury is returned.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

Committee Note - 1980