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The law states: ?A motion for rehearing must identify with particularity findings of fact or conclusions of law that are the subject of the complaint and any evidentiary or legal ruling claimed to be erroneous. The motion must also state the legal and factual basis for the claimed error.?
A motion for a new trial has to be made within 30 days of the sentence. Any amendments to the motion have to be made within that 30-day window, as well, or have the leave of the court. Courts do not have jurisdiction to hear any filings made outside that window.
A point in a motion for new trial is a prerequisite to the following complaints on appeal: (1) A complaint on which evidence must be heard such as one of jury misconduct or newly discovered evidence or failure to set aside a judgment by default; (2) A complaint of factual insufficiency of the evidence to support a jury ...
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
New Trial and Appeal for Criminal Cases. A motion for new trial must be made within five (5) days after the rendition of the judgment in your case. A motion for new trial cannot be made afterward. The judge has ten (10) days after the date the judgment was entered within which to grant a new trial.