Supreme Court Rules - Rule 37 - Statutory and Ordinance Violations and Violation Bureaus: Judgment Set Aside

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Supreme Court Rules

		Section/Rule:	37.67
Subject:	Rule 37 - Statutory and Ordinance Violations and Violation Bureaus	Publication / Adopted Date:	May 14, 1985
Topic:	Judgment Set Aside - When	Revised / Effective Date:	July 1, 2004

37.67. Judgment Set Aside - When

(a) Within ten days after the entry of judgment and prior to the filing of application for trial de novo, the court may of its own initiative or on motion of a defendant set aside judgment upon any of the following grounds:

(1) That the facts stated in the information filed and upon which the cause was tried do not state an ordinance violation;

(2) That the court was without jurisdiction of the ordinance violation charged;

(3) To correct manifest injustice.

The court shall record the grounds upon which the order was entered.

(b) A motion to withdraw a plea of guilty may be made only before sentence is imposed or when imposition of sentence is suspended; but to correct manifest injustice, the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw the defendant’s plea.

(c) Clerical mistakes in the record and errors in the record arising from oversight or omission may be corrected by the court any time on the motion of any party and after such notice, if any, as the court orders.

(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended December 23, 2003, eff. July 1, 2004.)