Is Rule 33. New Trial still in force?

Rule · Federal Rules of Criminal Procedure

Rule 33. New Trial

Federal Rules of Criminal Procedure § 33

Type: Rule
Source: Federal Rules of Criminal Procedure
Jurisdiction: Federal
Date: 2026-07-10
Topic: general

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 may take additional testimony and enter a new judgment. (b) Time to File.

Citator

UpLaw has not yet analyzed Rule 33. New Trial. The absence of a flag is not a finding that it is good law.

Rule33. 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 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.

(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, amended eff. Dec. 1, 2009.)