22.1. Definition
Motion in arrest of judgment means a defendant’s oral or written suggestion that, for reasons stated in the motion, the judgment rendered against the defendant was contrary to law. Such a motion is made in the trial court.
22.2. Grounds
The motion may be based on any of the following grounds:
(a) that the indictment or information is subject to an exception on substantive grounds;
(b) that in relation to the indictment or information a verdict is substantively defective; or
(c) that the judgment is invalid for some other reason.
22.3. Time to File Motion
A defendant may file a motion in arrest of judgment before, but no later than 30 days after, the date when the trial court imposes or suspends sentence in open court.
22.4. Court’s Ruling
(a) Time to Rule; Form of Ruling. The court must rule on a motion in arrest of judgment within 75 days after imposing or suspending sentence in open court. The ruling may be oral or in writing.
(b) Failure to Rule. A motion not timely ruled on will be deemed denied when the period prescribed in (a) expires.
22.5. Effect of Denying
For purposes of the defendant’s giving notice of appeal, an order denying a motion in arrest of judgment will be considered an order denying a motion for new trial.
22.6. Effect of Granting
(a) Defendant Restored. If judgment is arrested, the defendant is restored to the position that he or she had before the indictment or information was presented.
(b) Defendant Discharged or Remanded. If the judgment is arrested, the defendant will be discharged. But the trial court may remand the defendant to custody or fix bail if the court determines, from the evidence adduced at trial, that the defendant may be convicted on a proper indictment or information, or on a proper verdict in relation to the indictment or information.
Notes and Comments
Comment to 1997 change: Former Rules 33, 34, and 35 are merged without substantive change.