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During trial · Rule 29

Motion for Judgment of Acquittal

In criminal trial, asks for acquittal because the government evidence is legally insufficient.

Governing rule
Fed. R. Crim. P. 29
Read the rule

What it is

A criminal trial motion asking the judge to enter acquittal because the government evidence is insufficient for a reasonable jury to convict. It tests legal sufficiency, not whether the judge personally believes the defendant is innocent.

When it's used

Made after the government closes its evidence, after all evidence, or renewed after verdict. Defense counsel uses it to preserve sufficiency arguments and challenge unsupported counts.

What the other side does

The government argues that viewing the evidence in its favor, a rational jury could find every element beyond a reasonable doubt.

Common outcomes

The court may grant acquittal on all counts, grant it on some counts, reserve decision, or deny and let the jury decide. Grants are case-ending for affected counts.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.