United States · Federal criminal post-trial procedure
How does newly discovered evidence affect a criminal new-trial motion?
Rule 33(b)(1) requires a newly discovered evidence motion within three years after the verdict or finding of guilty. Discovery of the evidence is not that event. During a pending appeal, the court cannot grant the motion until appellate remand. FRAP 4(b)(3)(A)(ii) separately requires filing no later than fourteen days after judgment entry for its listed appeal procedure.
- Period
- Three years after verdict or finding for this motion, distinct from the appeal-time condition
- Trigger
- Actual verdict or finding of guilty, with separate judgment entry for qualifying appeal consequences
- Rule
- FRCrP 33(b)(1)
December 1, 2025 compilation
Source guide · No automated date
Identify the actual procedure and operative events
The three-year motion period does not establish the separate appeal condition or authority to grant relief during a pending appeal. This guide publishes no computed date or paid record.
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Which actual event starts this procedure?
Identify the actual newly discovered evidence ground and verdict or finding of guilty.
Discovery of evidence does not substitute for the stated verdict or finding event.
Establish any pending appeal and actual remand. For the separate FRAP 4(b)(3) procedure, preserve actual judgment entry and motion filing evidence.
FRCrP 33(b)(1)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.
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)Why is no automated date published?
The three-year motion period does not establish the separate appeal condition or authority to grant relief during a pending appeal. This guide publishes no computed date or paid record.
Which conditions require separate review?
- Pending appeal
- Rule 33(b)(1) bars granting a new-trial motion during a pending appeal until the appellate court remands the case.
- Distinct appeal condition
- FRAP 4(b)(3)(A)(ii) includes the newly discovered evidence motion only if made no later than fourteen days after judgment entry. Timeliness within three years alone does not establish that condition.
- 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
Newly discovered evidence motion
Does discovery of the evidence start three years?
Rule 33(b)(1) states verdict or finding of guilty as the event. Do not substitute discovery of evidence.
FRCrP 33(b)(1)Does every timely three-year motion suspend appeal time?
No. FRAP 4(b)(3)(A)(ii) adds a filing condition no later than fourteen days after judgment entry for its listed newly discovered evidence motion. Establish the applicable appeal procedure separately.
FRAP 4(b)(3)–(5)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(b)(1) | 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 |