Rule · Federal Rules of Criminal Procedure
Fed. R. Crim. P. 33 — New Trial
Fed. R. Crim. P. 33
- Type
- Rule
- Source
- Federal Rules of Criminal Procedure
- Jurisdiction
- Federal
- Date
- 2026-10-22
- Current through
- Nov 10, 2026 (Office of the Law Revision Counsel)
(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.
Citator
Fed. R. Crim. P. 33 — New Trial is in force in the current edition of the Code, and nothing recorded condemns it.
(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.