Federal Rules of Criminal Procedure - Rule 33. New Trial

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(a) Defendant's Motion.


Upon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.


(b) Time to File.


(1) Newly Discovered Evidence.


Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.


(2) Other Grounds.


Any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 14 days after the verdict or finding of guilty.



See Federal Rules of Criminal Procedure