Can old evidence be used in a new trial?

Generally, prosecutors can’t use evidence of prior convictions to prove a defendant’s guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant’s testimony.

How long does it take to rule on a motion?

Once a court holds a hearing on a motion, the court has thirty (30) days to rule of the motion. Id. Allowing parties time to file post-hearing briefs or findings does not extend the court’s time to rule, without an agreement on the record by all parties.

What is the Rule 33?

Interrogatories to Parties. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).

What is a Rule 33 motion?

New Trial. On a defendant’s motion, the court may grant a new trial to that defendant if the interests of justice so require. If trial was by the court without a jury, the court may-on defendant’s motion for new trial-vacate the judgment, take additional testimony, and direct the entry of a new judgment.

What is a motion on notice?

A motion on notice is an application, as opposed to motion ex parte, which must be served on an opponent in a suit. It must be supported by an affidavit. This may be used to achieve a number of purposes in judicial proceedings e.g. to obtain an interlocutory injunction.

What is a motion hearing in court?

A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.

What is a Rule 1?

So for those who don’t know, Rule 1 is as follows: If you collide head-to-head or side-to-side with an opponent and become deadlocked, you must hold down the gas and wait for the deadlock to be resolved by other means.

What is a Rule 59 motion?

New Trial; Altering or Amending a Judgment. (a) In General. After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. …

What is a Rule 29?

A “Rule 29 Motion,” based on Federal Rule of Criminal Procedure 29, is typically made twice during a federal trial – first, at the close of the Government’s case, and again at the close of the entire case. These motions allow the judge to dismiss the case as a matter of law.

What happens after a motion hearing?

What is a motion exparte?

Where a motion is made ex parte, the Court may make or refuse to make the order sought or may grant an order to show cause why the order sought should not be made or may direct the motion to be made on notice to the parties to be affected thereby. DURATION OF EX-PARTE ORDER.