Title 5, Chapter 5, Section 40
( 5-5-40)
(a) All motions for new trial, except in extraordinary cases, shall
be made within 30 days of the entry of the judgment on the verdict
or entry of the judgment where the case was tried without a jury. (b) The motion may be amended any time on or before the ruling
thereon. (c) Where the grounds of the motion require consideration of the
transcript of evidence or proceedings, the court may in its
discretion grant an extension of time, except in cases where the
death penalty is imposed, for the preparation and filing of the
transcript, which may be done any time on or before the hearing; or
the court may in its discretion hear and determine the motion before
the transcript of evidence and proceedings is prepared and filed. (d) The grounds of the motion need not be approved by the court. (e) The motion may be heard at any time; but, where it is not heard
at the time specified in the order, it shall stand for hearing at
such time as the court by order at any time may prescribe, unless
sooner disposed of. (f) Motions for new trial in cases in which the death penalty is
imposed shall be given priority. (g) On appeal, a party shall not be limited to the grounds urged in
the motion or any amendment thereof. (h) The court also shall be empowered to grant a new trial on its
own motion within 30 days from entry of the judgment, except in
criminal cases where the defendant was acquitted. |