Post Trial Motions

Question 1

When can a motion for new trial be filed?

Answer 1

In noncapital cases, the new trial motion must normally be made within 10 days after the verdict. This is a jurisdictional time limit.

Question 2

Under what circumstances must a motion for new trial be granted?

Answer 2

The court must grant a new trial if any of the following is established: i) The jurors decided the verdict by lot; ii) the verdict is contrary to the law or the weight of the evidence; or iii) new and material evidence emerged that the defendant could not have discovered with reasonable diligence, that if introduced at trial, would have changed the verdict or finding of the court