District court — criminal · Trial and post-trial
Motion for New Trial (Rule 33)
Seeks a new trial in the interest of justice.
Filed by: Defendant
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption with court, case title (United States v. …) and case number
- Motion and supporting memorandum
- Affidavits supporting newly discovered evidence
- Signature of counsel of record
- Certificate of service (FRCrP 49(a)–(b))
Deadline and length
Deadline: Newly discovered evidence: within 3 years after the verdict; any other reason: within 14 days after the verdict (FRCrP 33(b)).
Governing rules
- FRCrP 33
Check the local rules for
- Assigned judge’s individual practices or standing orders
Applies in federal district courts. Find your court for its local requirements.
Other trial and post-trial
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.