United States · Federal criminal post-trial procedure
When must a defendant file a criminal new-trial motion on other grounds?
Rule 33(b)(2) requires filing a new-trial motion based on grounds other than newly discovered evidence within fourteen days after the verdict or finding of guilty. Judgment entry is a different event. Rule 33(a) supplies the interest-of-justice condition. Check actual Rule 45 relief and separate appeal consequences.
- Period
- 14 calendar days after verdict or finding of guilty, subject to separately assessed actual relief
- Trigger
- The actual verdict or finding of guilty
- Rule
- FRCrP 33(a) and (b)(2)
December 1, 2025 compilation
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Which actual event starts this procedure?
Identify the actual grounds. Newly discovered evidence uses the distinct Rule 33(b)(1) procedure.
Preserve the actual verdict or nonjury finding of guilty. Do not substitute later written judgment entry or receipt of notice.
This calculator assumes the operative event is independently established. It does not determine grounds, the interest of justice or granted relief.
FRCrP 33(a) and (b)(2)How are the fourteen calendar days counted?
- Identify the actual actor, procedure and grounds.
- Establish the operative event or required event comparison.
- Exclude that event day and count fourteen calendar days.
- Check final-day conditions and the required act. Review actual granted relief separately.
Exclude the independently established operative event. Count every following calendar day, including intermediate weekends and legal holidays, under FRCrP 45(a)(1). These Criminal Rules motions use district-court computation rather than substituting an appellate filing rule.
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)What does an independently checked example show?
Fictitious example
Fictitious guilty verdict is July 6. The actual Rule 33 motion relies on other grounds, not newly discovered evidence. No enlargement or additional holiday is assumed.
| Step | What is counted | Date |
|---|---|---|
| Event | The actual verdict or finding of guilty | July 6, 2026 |
| Count | Fourteen calendar days, excluding the event | July 20, 2026 |
Fictitious events. No enlargement, additional declared holiday or clerk inaccessibility is assumed.
Try these dates in the calculatorWhich conditions require separate review?
- Other grounds only
- Rule 33(b)(2) excludes newly discovered evidence. This calculator does not classify disputed grounds or replace that distinct procedure.
- Interest of justice and nonjury procedure
- Rule 33(a) permits relief on the defendant’s motion if the interest of justice requires it. Following a nonjury trial, the court may take additional testimony and enter a new judgment. Timely filing does not establish entitlement.
- Actual granted enlargement
- Rule 45(b)(1) permits the court to extend time on its own, or for good cause on a party’s motion before expiry. After expiry, the party’s motion requires failure to act because of excusable neglect. A request or agreement is not an actual grant. This preset computes the ordinary period, not granted relief.
- 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
Other-ground criminal new-trial motion
Does later judgment entry start these fourteen days?
No. Rule 33(b)(2) specifies the verdict or finding of guilty. Establish that actual event separately from written judgment entry.
FRCrP 33(b)(2)Does mailed notice of the event add three days?
No. Rule 45(c) concerns specified periods after service. Mailing notice of a verdict, finding or plea does not replace the operative event or automatically add three days.
FRCrP 45(b)–(c)Does an extension request itself change the date?
No. Rule 45(b)(1) supplies conditions for actual court enlargement. A party’s post-expiry request requires failure to act because of excusable neglect. Preserve any actual order and do not assume a grant.
FRCrP 45(b)–(c)Official sources and scope
Provisions used (4)
| Provision | Purpose |
|---|---|
| FRCrP 33(a) and (b)(2) | 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 |