46-16-702. Motion for a new trial.
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/mt/title-46/chapter-16/part-7/46-16-702·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-16-702 . Motion for a new trial.
(1)Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing.
(2)The motion for a new trial must be in writing and must specify the grounds for a new trial. The motion must be filed by the defendant within 30 days following a verdict or finding of guilty and be served upon the prosecution.
(3)On hearing the motion for a new trial, if justified by law and the weight of the evidence, the court may:
(a)deny the motion;
(b)grant a new trial; or
(c)modify or change the verdict or finding by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.