How do listed timely post-trial motions affect a defendant’s criminal appeal?

Identify every actual listed motion and verify the applicable allowed time.

For a newly discovered evidence Rule 33 motion, establish the additional no-later-than-fourteen-days-after-judgment-entry condition in Rule 4(b)(3)(A)(ii).

Preserve criminal judgment entry and disposition of the last remaining qualifying motion. Establish which event is later. This page does not perform that comparison.

1. Identify the actual actor, procedure and grounds.
2. Establish the operative event or required event comparison.
3. Read all applicable conditions. This page calculates no date.
4. Check final-day conditions and the required act. Review actual granted relief separately.

Verify the listed timely motions, all qualifying dispositions, criminal judgment entry and the later event. FRAP 26(a), rather than Criminal Rule 45, governs this notice computation. This guide does not calculate it.

FRAP 26(a) counts every calendar day and rolls a final weekend or legal holiday. For forward periods, check additional state-declared holidays at the challenged district court and circuit clerk’s principal office. Qualifying actual clerk inaccessibility is separate. This source guide calculates no date.

A single date cannot establish every motion’s eligibility, the last remaining disposition and the later-event comparison. No computed appeal date or paid record is published.

Every listed motion

Rule 4(b)(3)(A) requires a qualifying timely motion. Pending status or a motion label alone does not establish its conditions.

New evidence condition

A newly discovered evidence Rule 33 motion must meet the additional fourteen-day judgment-entry condition for this appeal procedure. The three-year motion period alone does not establish eligibility.

Notice filed before disposition

For a notice filed after announcement but before disposition of a listed motion, Rule 4(b)(3)(B) uses the later of the last remaining motion-disposition entry and judgment-of-conviction entry for effectiveness. Rule 4(b)(3)(C) separately makes a valid notice effective without amendment to appeal from an order disposing of a listed motion. Establish actual notice, judgment and motion records separately.

Rule 35 is separate

Rule 4(b)(5) states that a Rule 35(a) motion does not suspend appeal time. It is not a listed Rule 4(b)(3)(A) motion.

• This page does not establish grounds, merits, actual filing or court action.
• A motion’s filing date and its effect on appeal time are separate questions.

• Identify the actual defendant, court action or appellate procedure.
• Preserve the actual verdict, finding, plea, sentence or criminal-docket evidence.
• Check the actual grounds, any required event comparison and all motion dispositions.
• Read actual orders, local instructions and the separate appeal rules.
• File the notice with the district clerk under FRAP 3(a). Subject to a different applicable time, FRAP 26(a)(4)(A) uses district-court midnight for electronic filing and (D) uses scheduled clerk closing for ordinary other means. Rule 4(c) supplies a separate qualifying institutional-deposit procedure. Establish actual entry under Rule 4(b)(6), filing evidence and special conditions.