United States · Federal criminal post-trial procedure
What must the court do within Rule 35(a)’s sentence-correction period?
Rule 35(a) permits the court to correct arithmetical, technical or other clear error within fourteen days after sentencing. Rule 35(c) defines sentencing as oral announcement. The required act is court correction, not merely a party’s motion filing. Rule 45(b)(2) bars enlargement except as Rule 35 states. This page publishes no calculated party filing date.
- Period
- Fourteen days after oral sentencing for the specified court correction, not a party filing allowance
- Trigger
- Oral announcement of the sentence under Rule 35(c)
- Rule
- FRCrP 35(a) and (c)
December 1, 2025 compilation
Source guide · No automated date
Identify the actual procedure and operative events
Rule 35(a) describes the court’s actual correction, not a party filing deadline. The isolated preset cannot establish that act or its substantive condition. No computed party filing date or paid record is published.
FRCrP 35(a) and (c)What lawyers say
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Which actual event starts this procedure?
Preserve the actual oral announcement of the sentence. Later written judgment entry does not replace Rule 35(c)’s stated event.
Identify the court’s actual correction and the stated arithmetical, technical or other clear-error condition.
A party’s filing does not establish that the court performed the required correction within the applicable period.
FRCrP 35(a) and (c)Why must the actual procedure be established first?
- Identify the actual actor, procedure and grounds.
- Establish the operative event or required event comparison.
- Read all applicable conditions. This page calculates no date.
- Check final-day conditions and the required act. Review actual granted relief separately.
Establish oral sentencing, the specified clear-error condition and actual court correction. Rule 45(a) supplies computation, but this guide calculates no date and does not treat filing a motion as court action.
Rule 45(a)(1) carries a final Saturday, Sunday or legal holiday to the next qualifying day. Rule 45(a)(6) includes federal and President or Congress declared holidays. For forward periods, also check holidays declared by the state where the district court is located. Qualifying clerk inaccessibility is separate.
FRCrP 45(a)Why is no automated date published?
Rule 35(a) describes the court’s actual correction, not a party filing deadline. The isolated preset cannot establish that act or its substantive condition. No computed party filing date or paid record is published.
Which conditions require separate review?
- Restricted clear-error correction
- Rule 35(a) addresses arithmetical, technical or other clear error. This guide does not establish that condition or substitute a general sentencing reconsideration procedure.
- No ordinary enlargement
- Rule 45(b)(2) bars extending time under Rule 35 except as that rule states.
- Different sentence procedures
- Rule 35(b) substantial-assistance reductions and Rule 36 clerical corrections have separate conditions. They are not an extension of Rule 35(a).
- Separate appeal time
- FRAP 4(b)(5) states that a Rule 35(a) motion does not suspend appeal time. A notice of appeal does not divest the district court of the specified correction authority.
- 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.
What must I verify before relying on this procedure?
Common questions
Court correction for clear sentence error
Does written judgment entry start this court-action period?
No. Rule 35(c) defines sentencing as oral announcement of the sentence. Preserve the actual oral sentencing event.
FRCrP 35(c)Is filing a motion within fourteen days enough?
Rule 35(a) specifies court correction within the period. Filing a party’s motion does not establish that the court performed that act.
FRCrP 35(a)Does a Rule 35(a) motion suspend appeal time?
No. FRAP 4(b)(5) expressly states that it does not suspend the time for filing a notice of appeal.
FRAP 4(b)(3)–(5)Official sources and scope
Provisions used (6)
| Provision | Purpose |
|---|---|
| FRCrP 35(a) and (c) | This procedure, actor, event and conditions |
| FRCrP 45(a) | Applicable calendar computation and final-day conditions |
| FRCrP 45(b)–(c) | Enlargement conditions, Rule 35 exception and separate service addition |
| FRAP 4(b)(3)–(5) | Distinct appeal consequences, listed timely motions and Rule 35 |
| FRCrP 35(b) | Separate substantial-assistance reduction conditions |
| FRCrP 36 | Separate clerical-error correction procedure |