Section 10.9 Motion for New Trial

• Library: App Ct Prac 2015 Supp

F. (§10.9) Motion for New Trial

Rule 29.11(b) provides that a motion for new trial or a motion for judgment of acquittal notwithstanding verdict authorized by Rule 27.07(c) must be filed within 15 days after the return of the verdict. If the defendant applies within that 15 days, for good cause shown the court may extend the time for filing the motion for an additional period not to exceed 10 days. In other words, the time for filing a motion for new trial can be extended to a total of 25 days. The extension must appear in the record. If the motion is untimely, it preserves nothing for review. State v. Deckard, 18 S.W.3d 495, 497 n.2 (Mo. App. S.D. 2000). Once a timely motion for new trial has been filed, it is automatically denied after the passage of 90 days unless previously decided. Rule 29.11(g). Sentencing should not occur until the time for filing a motion for new trial has expired; if a motion has been filed, sentencing should not occur until the motion has been determined. Rule 29.11(c).

According to Rule 29.11(d), in a jury-tried case allegations of error must be included in the motion for new trial to be preserved for appeal, with the exception of:

· questions of the court’s jurisdiction over the offense charged;

· questions as to whether the indictment or information states an offense; or

·...