Rule 25.1 - Motion for a New Trial(a) Motion by Defendant. The court, on written motion of the defendant, may vacate any judgment and grant a new trial for the grounds set forth in section (b).(b) Grounds. The court may grant a new trial for any of the following reasons: (1) if required in the interests of justice;(2) if the verdict is contrary to law or the weight of the evidence;(3) if new and material evidence has recently been discovered which probably would produce a different result at a new trial and, by reasonable diligence, such evidence could not have been discovered sooner;(4) if the jury has received any evidence, papers or documents, not authorized by the court, or the court has admitted illegal testimony, or excluded competent and legal testimony;(5) if the jurors, after retiring to deliberate on the verdict, separated without leave of court;(6) if the court has misdirected the jury in a material matter of law, or has failed to instruct the jury on all questions of law necessary for their guidance; or(7) if, for any other reason, the defendant has not received a fair and impartial trial.(c) Timeliness. A motion for a new trial shall be made within ten (10) days after entry of judgment (which, for purposes of this Rule, includes both adjudication of guilt and sentence). Upon good cause shown, the court may grant a reasonable extension thereof.(d) Court's Own Motion. The court may, on its own motion and with the consent of the defendant and notice to the prosecuting attorney, order a new trial before the entry of judgment.Comment
Rule 25.1 preserves practice under former Rule 10.05 of the Uniform Rules of Circuit and County Court, with a few modifications and additions. Section (b)(7) modifies the former rule by explicitly adding that a new trial may be granted for any reason if the defendant has not received a fair and impartial trial. Section (c) clarifies that the time to make a motion for a new trial begins to run after entry of judgment, which includes adjudication of guilt and sentence. Under section (d), the court may order a new trial before the entry of judgment only with the consent of the defendant and notice to the prosecuting attorney. Problems of double jeopardy may arise when the court acts on its own motion without the consent of the defendant. See United States v. Smith, 331 U.S. 469, 67 S. Ct. 1330, 91 L. Ed. 1610 (1947). Under Rule 4(e) of the Mississippi Rules of Appellate Procedure, a defendant must file a notice of appeal within thirty (30) days after the date of the denial of any motion for a new trial or the date of imposition of sentence, whichever is later.