Section 26.25 Affidavits and Necessity for Hearing

• Library: Criminal Practice 2012 Supp

I. (§26.25) Affidavits and Necessity for Hearing

Rule 29.11(f) permits the movant to file and serve affidavits with a motion for new trial if the motion is based on facts outside the record. Affidavits accompanying a motion for new trial should be specific and nonconclusory in nature. State v. Zweifel, 570 S.W.2d 792, 795 (Mo. App. E.D. 1978). The state may file opposing affidavits within 10 days, and the period may be extended for an additional 20 days by agreement of the parties or by the court for good...