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Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.
The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.
Rule 29 permits the parties by stipulation to modify any of the procedures provided by the discovery rules. Any stipulation varying the discovery procedures may be superseded by court order. It is expected that the court will intervene to overrule a stipulation only under extraordinary circumstances.
To respond to a lawsuit, fill out JDF 81. If you file late and a default has entered, also file JDF 78. Mail the forms to the Court at the address at the top of the Complaint. Mail a copy to the Plaintiff. Keep a copy for yourself.
Rule 29 Acquittals To grant a Rule 29 motion, the court must find that, viewing the evidence in the light most favorable to the government, the jury cannot reasonably find the defendant guilty beyond a reasonable doubt.
Rule 21 - Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.
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.
The court on motion of a defendant or of its own motion shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment or information, or complaint, or summons and complaint after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of such ...