Fed. R. Crim. P. 33
New Trial
(a) Defendant’s Motion.
Upon the defendant’s motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.
(b) Time to File.
(1)
Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.
(2)
Other Grounds. Any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 14 days after the verdict or finding of guilty.
(As amended Feb. 28, 1966 , eff. July 1, 1966 ; Mar. 9, 1987 , eff. Aug. 1, 1987 ; Apr. 24, 1998 , eff. Dec. 1, 1998 ; Apr. 29, 2002 , eff. Dec. 1, 2002 ; Apr. 25, 2005 , eff. Dec. 1, 2005 ; Mar. 26, 2009 , eff. Dec. 1, 2009 .)