Posted: September 28, 2006
Rules of Criminal Procedure
URCrP 24. Motion for new trial. Amend. The time for a motion will be 10 days after the sentence is entered, instead of after the sentence is orally pronounced.
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Posted: September 28, 2006
URCrP 24. Motion for new trial. Amend. The time for a motion will be 10 days after the sentence is entered, instead of after the sentence is orally pronounced.
This looks like a good amendment that will clear up some confusion as to when a motion for a new trial must be filed viz-a-viz the entry of a judgment, sentence and commitment as opposed to awaiting “imposition” of sentence. However, I have noticed that there has also been some confusion by counsel as to what effect a motion for new trial might have on the running of the 30 day time limit for filing an appeal. Should we consider codifying the appellate case law on this confusing area as well?
Paragraph (b) line 8 should read:
on the motion for such time as it deems reasonable. Notice of postponement will be sent out to all parties no later than 5 business days from date of document file date with the court.