Rule 2.24 - Motions after trial2.24(1)In general. Permissible motions after trial include motions for new trial, motions in arrest of judgment, and motions to correct a sentence.2.24(2)New trial.a. Motion generally. A motion for new trial by the defendant shall be made not later than 45 days after verdict of guilty or special verdict upon which a judgment of conviction may be rendered and not later than 5 days before the date set for pronouncing judgment.b. Grounds. The court, after giving the parties notice and an opportunity to be heard, may grant a new trial on any of the following grounds:(1) When the trial has been held in the absence of the defendant, in cases where such presence is required by law, except as provided in rule 2.27.(2) When the jury has been prejudicially exposed to information the jury was not authorized to receive.(3) When the jurors have separated without leave of court, after retiring to deliberate upon their verdict, or have been guilty of any misconduct tending to prevent a fair and just consideration of the case.(4) When the verdict has been decided by lot, or by means other than a fair expression of opinion on the part of all jurors.(5) When the jury was improperly instructed in a material matter.(6) When the prosecuting attorney has committed prejudicial error or misconduct.(7) When the verdict is contrary to law or contrary to the weight of the evidence.(8) When from any other cause the defendant has not received a fair and impartial trial.c. Motion alleging newly discovered evidence. A motion for a new trial based upon newly discovered evidence may be made by the defendant after judgment when the defendant has discovered important and material evidence in the defendant's favor since the verdict that the defendant could not with reasonable diligence have discovered and produced at the trial.(1) A motion based upon this ground shall be made without unreasonable delay and, in any event, within 2 years after final judgment, but such motion may be considered thereafter upon a showing of good cause.(2) When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits or testimony of the witnesses by whom such evidence is expected to be given. The court may, upon request of the defendant, allow the defendant additional time to procure such affidavits or testimony for such length of time as may be reasonable under all circumstances of the case.d. Trials without juries. On a motion for a new trial in an action tried without a jury, the court may where appropriate, in lieu of granting a new trial, vacate the judgment if entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and enter judgment accordingly.e. Effect of a new trial. Upon a new trial, the former verdict cannot be used or referred to either in evidence or in argument.2.24(3)Arrest of judgment.a. Motion.(1) A defendant may file a motion in arrest of judgment to urge that no judgment be rendered on a finding, plea, or verdict of guilty.(2) A defendant's failure to challenge the adequacy of a guilty plea proceeding by motion in arrest of judgment shall preclude the defendant's right to assert such challenge on appeal.b. Time of making motion. The motion must be made not later than 45 days after a guilty plea, guilty verdict, or special verdict upon which a judgment of conviction may be rendered, but in any case not later than 5 days before the date set for pronouncing judgment.c. Grounds. Such motion shall be granted when upon the whole record no legal judgment can be pronounced.d. On the court's own motion. The court may arrest the judgment on its own motion if grounds for doing so exist as set forth in rule 2.24(3) (c).e. Effect of order arresting judgment.(1) An order arresting judgment on the ground the guilty plea proceeding was defective places the defendant in the situation in which the defendant was immediately after the indictment was found. However, when the only ground upon which the guilty plea is found to be defective is failure to establish a factual basis for the charge, the court shall afford the State an opportunity to establish an adequate factual basis before arresting judgment.(2) An order arresting judgment on any other ground places the defendant in the situation in which the defendant was immediately before the indictment was found.f. Proceedings after order arresting judgment on any ground other than a defect in a guilty plea proceeding. If a motion arresting judgment is granted, but from the trial evidence, there is reasonable ground to believe the defendant is guilty of an offense and a new indictment can be framed, the court may order that a defendant in custody continue to be held in custody or that a defendant's bail be continued for a specified period pending the filing of a new indictment. If the evidence upon trial appears to the trial court insufficient to charge the defendant with any offense, the defendant must, if in custody, be released and any bail must be exonerated.2.24(4)General principles.a. Extensions. The time for filing motions for new trial or in arrest of judgment may be extended by the court for good cause.b. Disposition. Upon a timely motion for a new trial or in arrest of judgment, the court shall defer the judgment and proceed to hear and decide the motions.c. Appeal. Appeal from an order granting or denying a motion for new trial or in arrest of judgment may be taken by the State or the defendant. Where the court has denied the motion for new trial or in arrest of judgment, appeal may be had only after judgment is pronounced.d. Custody pending appellate determination. Pending determination by the appellate court of such appeal, the trial court shall determine whether the defendant shall remain in custody or be released, with or without bail. Where the trial court has arrested judgment and an appeal is taken by the State, and it further appears to the trial court that there is no evidence sufficient to charge the defendant with an offense, the defendant shall not be held in custody.2.24(5)Correction of sentence.a. Time when correction of sentence may be made. The district court may correct an illegal sentence at any time on motion of a party or on its own motion. Before correcting anything other than a clerical error, the court shall give notice to the parties and afford them an opportunity to be heard.b. Definition of illegal sentence. An illegal sentence is a sentence that could not have been lawfully imposed for the defendant's conviction or convictions. An illegal sentence includes a separate sentence for a conviction where that conviction merged into another conviction. Challenges to the defendant's underlying convictions or claims that the sentencing court abused its discretion in imposing a sentence within legal limits do not raise illegal sentencing issues.c. Credit for time served. The defendant shall receive full credit for time spent in custody under the sentence prior to correction or reduction.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 69 to 73; Report 1978, effective 7/1/1979; amendment 1983;11/9/2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.COMMENT:
Rule 2.24(2). Former rule 2.24(2)(a) provided that the court could "grant a motion for a new trial even for a reason not asserted in the motion." Revised rule 2.24 does not deprive the court of that authority but makes clear that it may only be exercised after notice and an opportunity to be heard.
COMMENT:
Rule 2.24(5)(a). Former rule 2.24(5)(a) said, "The court may correct an illegal sentence at any time." The revised rule recognizes that the rules of criminal procedure govern proceedings in the trial courts, not the appellate courts. However, the revised rule is not intended to affect existing law regarding the authority of appellate courts to correct illegal sentences.