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.
| EnactedEn. 95-2101 by SectionSec. 1, ChapterCh. 196, Laws ofL. 1967 |
| AmendedAmd. SectionSec. 35, ChapterCh. 184, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 95-2101(2) |
| AmendedAmd. SectionSec. 19, ChapterCh. 116, Laws ofL. 1979 |
| AmendedAmd. SectionSec. 214, ChapterCh. 800, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 1, ChapterCh. 301, Laws ofL. 1999 (SB 416 - Grosfield, Lorents (R) SD 13) |