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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
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.
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.

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