Section 3.17 Trial Court’s Jurisdiction After Filing a Motion for New Trial

• Library: App Ct Prac 2015 Supp

H. (§3.17) Trial Court’s Jurisdiction After Filing a Motion for New Trial

Rule 75.01 grants the trial court a thirty-day period to vacate, re-open, correct, amend, or modify a judgment. The court may also order a new trial, upon its own initiative, in the thirty-day period.

When a motion for new trial or other authorized after-trial motion is timely filed, the trial court retains jurisdiction for up to ninety days after the filing to rule on the motion. Rule 78.06. If the court does not rule on the motion within the ninety-day period:

· the motion is deemed overruled by operation of law;

· the court loses jurisdiction to act any further in the case; and

· the judgment becomes final for appellate purposes.

Rule 78.06; Carson v. Brands, 7 S.W.3d 576, 579...