Rule 42-53. Motion for New Trial; In General

(a) Upon motion of the defendant, the judicial authority may grant a new trial if it is required in the interests of justice. Unless the defendant's noncompliance with these rules or with other requirements of law bars his or her asserting the error, the judicial authority shall grant the motion:

(1) For an error by reason of which the defendant is constitutionally entitled to a new trial; or

(2) For any other error which the defendant can establish was materially injurious to him or her.

(b) If the trial was by the court and without a jury, the judicial authority, with the defendant's consent and instead of granting a new trial, may vacate any judgment entered, receive additional evidence, and direct the entry of a new judgment.

Committee Notes

(P.B. 1978-1997, Sec. 902.)