Illinois Motion for New Trial
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How to fill out Motion For New Trial?
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FAQ
You may file a motion to reconsider within thirty days after the court enters an order. You cannot file a motion to reconsider simply because you do not like the outcome.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
Section 725 ILCS 5/116-1 - Motion for new trial (a) Following a verdict or finding of guilty the court may grant the defendant a new trial. (b) A written motion for a new trial shall be filed by the defendant within 30 days following the entry of a finding or the return of a verdict.
735 ILCS 5/2-1203 provides that in cases decided by a judge, as opposed to a jury, the parties have 30 days after the entry of a judgment to file a motion for rehearing, retrial, modification of the judgment, or to vacate the judgment.
A party's post-trial request that the court vacates the judgment and orders a new trial to re-examine some or all of the matters from the concluded trial. The motion can be made by any party and following both jury trials and bench trials.
But what exactly constitutes "speedy?" In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial.
735 ILCS 5/2-1202(b). The motion must be filed within 30 days of entry of the judgment or the discharge of the jury, if no verdict is reached, or within any further time the court may allow within the 30 days or any extensions. 735 ILCS 5/2-1202(c).
Motion for continuance. (a) The defendant or the State may move for a continuance. If the motion is made more than 30 days after arraignment the court shall require that it be in writing and supported by affidavit.