Rule 29 — Motion for a Judgment of Acquittal

Fed. R. Crim. P. 29

• Source: Federal Rules of Criminal Procedure
• Rule: 29
• TITLE VI: TRIAL
• Citation: Fed. R. Crim. P. 29

Text

(a) Before Submission to the Jury. After the government closes
its evidence or after the close of all the evidence, the court on the
defendant’s motion must enter a judgment of acquittal of any of-
fense for which the evidence is insufficient to sustain a convic-
tion. The court may on its own consider whether the evidence is
insufficient to sustain a conviction. If the court denies a motion
for a judgment of acquittal at the close of the government’s evi-
dence, the defendant may offer evidence without having reserved
the right to do so.
(b) Reserving Decision. The court may reserve decision on the
motion, proceed with the trial (where the motion is made before
the close of all the evidence), submit the case to the jury, and de-
cide the motion either before the jury returns a verdict or after
it returns a verdict of guilty or is discharged without having re-
turned a verdict. If the court reserves decision, it must decide the
motion on the basis of the evidence at the time the ruling was re-
served.
Rule 29.1 FEDERAL RULES OF CRIMINAL PROCEDURE 40
(c) After Jury Verdict or Discharge.
(1) Time for a Motion. A defendant may move for a judgment
of acquittal, or renew such a motion, within 14 days after a
guilty verdict or after the court discharges the jury, which-
ever is later.
(2) Ruling on the Motion. If the jury has returned a guilty
verdict, the court may set aside the verdict and enter an ac-
quittal. If the jury has failed to return a verdict, the court
may enter a judgment of acquittal.
(3) No Prior Motion Required. A defendant is not required to
move for a judgment of acquittal before the court submits the
case to the jury as a prerequisite for making such a motion
after jury discharge.
(d) Conditional Ruling on a Motion for a New Trial.
(1) Motion for a New Trial. If the court enters a judgment of
acquittal after a guilty verdict, the court must also condi-
tionally determine whether any motion for a new trial should
be granted if the judgment of acquittal is later vacated or re-
versed. The court must specify the reasons for that determina-
tion.
(2) Finality. The court’s order conditionally granting a mo-
tion for a new trial does not affect the finality of the judg-
ment of acquittal.
(3) Appeal.
(A) Grant of a Motion for a New Trial. If the court condi-
tionally grants a motion for a new trial and an appellate
court later reverses the judgment of acquittal, the trial
court must proceed with the new trial unless the appellate
court orders otherwise.
(B) Denial of a Motion for a New Trial. If the court condi-
tionally denies a motion for a new trial, an appellee may
assert that the denial was erroneous. If the appellate court
later reverses the judgment of acquittal, the trial court
must proceed as the appellate court directs.

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Pub. L. 99–646, §54(a), Nov. 10, 1986, 100 Stat. 3607, eff. Dec. 10, 1986; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.)