United States · Federal criminal post-trial procedure
When must a defendant move to arrest judgment?
Rule 34(b) requires the defendant’s motion within fourteen days after the court accepts a verdict or finding of guilty, or after a guilty or nolo contendere plea. The actual text does not use later written judgment entry. Rule 34(a) concerns the court’s jurisdiction of the charged offense. Check actual Rule 45 relief separately.
- Period
- 14 calendar days after the applicable Rule 34(b) event, subject to separately assessed actual relief
- Trigger
- Court acceptance of a verdict or finding of guilty, or the actual guilty or nolo contendere plea event
- Rule
- FRCrP 34(a)–(b)
December 1, 2025 compilation
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which actual event starts this procedure?
Identify the actual Rule 34(a) charged-offense jurisdiction condition. This calculator does not decide that condition.
Rule 34(b) specifies court acceptance of a verdict or finding of guilty, or a guilty or nolo contendere plea. Preserve the actual applicable event.
Do not substitute later written judgment entry, sentencing or mailed notice. The calculator assumes the actual event is independently established.
FRCrP 34(a)–(b)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
The court accepts a fictitious guilty verdict July 6. The actual Rule 34 motion is assumed to concern its stated jurisdiction condition. No enlargement or additional holiday is assumed.
| Step | What is counted | Date |
|---|---|---|
| Event | Court acceptance of a verdict or finding of guilty, or the actual guilty or nolo contendere plea event | 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?
- Stated jurisdiction ground
- Rule 34(a) concerns absence of jurisdiction of the charged offense. This date calculation does not establish the ground or decide the court’s jurisdiction.
- Separate plea event
- The plea branch uses the actual guilty or nolo contendere plea event. It does not use later written judgment entry.
- 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
Motion in arrest of judgment
Does a later written judgment replace the plea event?
No. Rule 34(b) states the guilty or nolo contendere plea event as its separate branch. Preserve the actual plea record.
FRCrP 34(b)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 34(a)–(b) | 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 |