As amended through January 1, 2018
Rule 1123 - Post-Trial Motions(a) Where motions for new trial or in arrest of judgment, or both, have not been argued before the trial judge immediately upon the conclusion of the trial and are thereafter timely filed, copies thereof shall be submitted simultaneously with filing to the court and the District Attorney by the moving party. Each motion on the basis of errors appearing on the face of the record shall set forth the specific errors alleged. If errors are alleged which were not raised in pre-trial proceedings, or at trial, the motion shall state the grounds why they should be allowed to serve as the basis for post-trial motions. In all written motions, the moving party shall state whether a partial or full transcript of the testimony at trial is required and set forth the reasons therefore. Upon receipt of the post-trial motions, the trial judge shall determine whether a partial or full transcript of the testimony shall be made.(b) In the event that the trial judge shall order the transcription of all or a portion of the trial testimony, the District Court Administrator will schedule the motion for argument on the next day for miscellaneous court, as set by the calendar, occurring not less than twenty-five (25) days after the filing of the transcript of the testimony with the Clerk of Courts, otherwise not less than twenty-five (25) days after the filing of the motion. Notice of argument date shall be given counsel by the District court Administrator by ordinary mail not less than twenty (20) days prior to the said argument date.(c) The brief of the moving party shall be furnished to the District Attorney, with a copy to the court, ten (10) days prior to argument, and the brief of the District Attorney may be filed on the day set for the argument.(d) By agreement of counsel for the moving party and the District Attorney, argument may be waived and motions submitted on briefs only (the last day for such submission being the date set for argument under (a) hereof), unless oral argument is required by the court.