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(a) Grounds. The court may grant a new trial to a defendant if required in the interest of justice.
(b) Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.
(c) Time for Motion. A motion for a new trial based on the ground of newly discovered evidence may be made only before or within 180 days 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 5 days after verdict or finding of guilt, or within such further time as the court may fix during the 5-day period.
(Adopted by SCO 4 October 4, 1959; amended by SCO 554 effective April 4, 1983; and SCO 1242 effective July 15, 1996)
Note to SCO 1242: Criminal Rule 33 was amended by ch. 79 ยง 28 SLA 1995. Section 3 of this order is adopted for the sole reason that the legislature has mandated the amendment.
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999