This form is a generic sample of a motion to reopen a case based on newly discovered evidence.
Vermont Motion to Set Aside Submission and Reopen Case
State:
Multi-State
Control #:
US-02764BG
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion To Set Aside Submission And Reopen Case?
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FAQ
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.
Rule 32 - Sentence and Judgment (a)Sentence. (1)Imposition of Sentence. Sentence shall be imposed or deferred without unreasonable delay. Pending imposition or deferment of sentence the court may commit the defendant or continue or alter the conditions of release.
Not later than 28 days after entry of judgment the court before which the action has been tried of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party.
Rule 26 - Evidence [Effective October 2, 2023] (a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules, the Vermont Rules of Evidence, or other rules adopted by the Supreme Court. (b) Examination of Witnesses.
If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within 14 days after the jury is discharged or within such time as the court may fix during the 14-day period.
The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government's evidence, the defendant may offer evidence without having reserved the right to do so.
On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...