Rule 33 — New Trial

Fed. R. Crim. P. 33

• Source: Federal Rules of Criminal Procedure
• Rule: 33
• TITLE VII: POST–CONVICTION PROCEDURES
• Citation: Fed. R. Crim. P. 33

Text

(a) Defendant’s Motion. Upon the defendant’s motion, the court
may vacate any judgment and grant a new trial if the interest of
justice so requires. If the case was tried without a jury, the court
may take additional testimony and enter a new judgment.
(b) Time to File.
(1) Newly Discovered Evidence. Any motion for a new trial
grounded on newly discovered evidence must be filed within 3
years after the verdict or finding of guilty. If an appeal is
pending, the court may not grant a motion for a new trial
until the appellate court remands the case.
(2) Other Grounds. Any motion for a new trial grounded on
any reason other than newly discovered evidence must be filed
within 14 days after the verdict or finding of guilty.

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.)