Motions for New Trial

• Library: Objections Guidebook (2022 Ed.)

Motions for New Trial

Criminal Cases

· Motions for new trial are governed by Rule 29.11. Under Rule 29.11(b), the motion for new trial shall be filed within 15 days after return of the verdict. If the defendant makes an application within 15 days after return of the verdict, and good cause is shown, the court may extend the time for filing of the motion for one additional period not to exceed 10 days.

· Under Rule 29.11(d), in jury-tried cases, allegations of error to be preserved for review must be included in the motion for new trial except for the following:

- Questions regarding jurisdiction of the court over the offense charged

- Questions of whether the indictment or information states an offense

- Questions authorized by Rule 27.07 to be presented by motion for judgment of acquittal

These need not be included in the motion for new trial. When definite objections or requests were made during the trial, including specific objections that were not made at trial before submission to the jury, they must be set forth in the motion for new trial to preserve the error for review. Allegations of error based on matters occurring or becoming known after final submission shall be specifically set out.

· In cases where there has been a trial without a jury, a motion for new trial is not required to preserve error for appellate review. But if a motion for new trial is filed, then allegations of error to be preserved for appellate review must be included in the motion, with the exceptions set out above. See Rule 29.11(e).

· Under Rule 29.11(f), when any after-trial motion, including a motion for new trial, is based on facts not appearing of record, affidavits may be filed that shall be served with the motion. Under the Rule, the opposing party has 10 days after such service within which to serve opposing affidavits; this period may be extended for an additional 20 days by the court for good cause or by the parties by written stipulation. The court may permit reply affidavits and depositions, and oral testimony may be presented in connection with after-trial motions. This Rule obviously governs the time of service of affidavits in this situation, not Rule 20.01(d).

· The motion for new trial must be timely filed, and neither the parties nor the court can waive the requirements of the Rule. See, e.g., State v. Weeks, 546 S.W.2d 567, 570 (Mo. App. S.D. 1977). The defendant may file a supplemental or amended motion for new trial but must do so within the prescribed...