Rule 33. New Trial

(a) Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b) Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment. (c) Time for Motion. A motion for a new trial based on the ground of newly discovered evidence may be made only before or within 180 days after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case. A motion for a new trial based on any other grounds shall be made within 5 days after verdict or finding of guilt, or within such further time as the court may fix during the 5-day period. Note to SCO 1242: Criminal Rule 33 was amended by ch. 79 § 28 SLA 1995. Section 3 of this order is adopted for the sole reason that the legislature has mandated the amendment.