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Post-trial

Motion for New Trial in a Criminal Case

In criminal cases, asks for a new trial after conviction when justice requires it.

Governing rule
Fed. R. Crim. P. 33
Read the rule

What it is

A criminal post-verdict motion asking the court to vacate the judgment and grant a new trial if the interest of justice requires it. Grounds may include newly discovered evidence, trial error, misconduct, or a verdict against the weight of evidence.

When it's used

Filed after conviction, often alongside other post-trial motions. Newly discovered evidence has a different timing path than other grounds.

What the other side does

The government argues the trial was fair, the evidence was sufficient, errors were harmless, or the new evidence is not truly new or likely to change the result.

Common outcomes

New trials are uncommon. The court may deny, grant a new trial on all counts, grant relief on selected counts, or order further briefing or hearings.

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.