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2 Vill. L. Rev. 293 (1957)
New Trial in Federal Criminal Cases

handle is hein.journals/vllalr2 and id is 305 raw text is: Villanova Law Review VOLUME 2 APRIL, 1957 NUMBER 3 NEW TRIAL IN FEDERAL CRIMINAL CASES LESTER B. ORFIELD t ULE 33 of the Federal Rules of Criminal Procedure provides: The court may grant a new trial to a defendant if required in the interest of justice. If trial was by the court without a jury the court may vacate the judgment if entered, take additional testi- mony and direct the entry of a new judgment. A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of'the case. A motion for a new trial based on any other grounds shall be made within five days after verdict or finding of guilty or within such further time as the court may fix during the five-day period. I. HISTORY OF DRA FTING OF RULE 33. When the drafting of the Federal Rules of Criminal Procedure was commenced, there were in effect title 28, section 391, authorizing federal courts to grant new trials in both civil and criminal cases, and rule II of the Criminal Appeals Rules of the United States Supreme Court providing for new trials in criminal cases. Also in operation was rule 59 of the Federal Rules of Civil Procedure providing for new trials in civil cases. In the first draft of the Federal Rules of Criminal Procedure, dated September 8, 1941, rule 59 was modeled largely on the corresponding civil rule of procedure. Subdivision (a) provided that existing grounds for new trial be continued. A new trial might be granted to all or any of the defendants as to all or part of the issues. Subdivision (b) pro- vided that the motion be made not later than three days after the entry t Professor of Law, Indiana University; Member United States Supreme Court Advisory Committee on Rules of Criminal Procedure. (293)

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