Criminal Law

questions & answers

Question: Let me try this question again. I have been granted a new trial. I do not need to know how to motion for a new trial. At the new trial, how does it go? Will the testimony be the same or can victims and witnesses change testimony? Is a new trial just a rehash of the same testimony with a new jury? Thank you!

Answer: Rule 33. New Trial (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 (1) may take additional testimony and (2) 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.

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  • Let me try this question again. I have been granted a new trial. I do not need to know how to motion for a new trial. At the new trial, how does it go? Will the testimony be the same or can victims and witnesses change testimony? Is a new trial just a rehash of the same testimony with a new jury? Thank you!

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