Federal Rules of Criminal Procedure
Motion for a new trial based on newly discovered evidence
Fed. R. Crim. P. 33(b)(1)
A motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty.
Not legal advice. Computed dates are informational only. Verify every deadline against the governing rule, your court's local rules, and the judge's standing orders.
How this deadline is computed
- Period
- 3 years
- Counted
- forward
- If it lands on a non-court day
- roll forward
- Service extensions
- none
If an appeal is pending, the court may not grant the motion until the appellate court remands.
Worked example
For a triggering event on Monday, June 15, 2026 with service by personal, the deadline under Fed. R. Crim. P. 33(b)(1) is Friday, June 15, 2029. Every counting step is shown below.
- 1Jun 15, 2026
Trigger date
Monday. The triggering event under Fed. R. Crim. P. 33(b)(1).
- 2Jun 15, 2026
Exclude the trigger day
The day of the triggering event is not counted. Counting begins with the next day (FRCP 6(a)(1)(A) and analogous state rules).
- 3Jun 15, 2029
Count 3 year(s) forward
Calendar years from the trigger date.
- 4Jun 15, 2029
No service extension
Service by personal does not extend this period under Fed. R. Crim. P. 33(b)(1).
- 5Jun 15, 2029
No roll needed
Friday is a court day.
- 6Jun 15, 2029
Deadline
Friday, Jun 15, 2029.
Calculate your own date
Open the calculator with this rule already selected and enter your own triggering event.
Use Fed. R. Crim. P. 33(b)(1) in the calculatorQuestions about Fed. R. Crim. P. 33(b)(1)
- How many days is the deadline under Fed. R. Crim. P. 33(b)(1)?
- 3 years, counted after the triggering event. A motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty.
- Do weekends and holidays count toward the 3 years?
- Yes. Every intervening day counts, including weekends and holidays. Only the final day is adjusted: if it falls on a weekend or holiday, it rolls forward to the next court day.
- Does the day of the triggering event count?
- No. The day of the triggering event is excluded and counting begins the following day, under Fed. R. Civ. P. 6(a)(1)(A) and the analogous state provisions.
- Does the method of service change the deadline under Fed. R. Crim. P. 33(b)(1)?
- No. This period is not extended by the method of service — it runs from the triggering event itself.
- Worked example: what is the deadline for a triggering event on Monday, June 15, 2026?
- Friday, June 15, 2029, reached in 6 steps with service by personal.
Source and verification
Read the text of Fed. R. Crim. P. 33(b)(1)
Not yet checked against the official text. This entry encodes the rule as published, but no line-by-line verification against the current statute has been recorded. Confirm the period against the source above before relying on it.
Other U.S. Federal Courts deadlines
- Answer after service of summons and complaintFed. R. Civ. P. 12(a)(1)(A)(i)
- Answer after waiver of service (domestic defendant)Fed. R. Civ. P. 12(a)(1)(A)(ii)
- Answer after waiver of service (foreign defendant)Fed. R. Civ. P. 12(a)(1)(A)(ii)
- Answer by the United States, its agency, or an officerFed. R. Civ. P. 12(a)(2)
- Responsive pleading after denial of a Rule 12 motionFed. R. Civ. P. 12(a)(4)(A)
- Amend a pleading once as a matter of courseFed. R. Civ. P. 15(a)(1)
- Response to an amended pleadingFed. R. Civ. P. 15(a)(3)
- Rule 26(f) conference (21 days before the scheduling conference)Fed. R. Civ. P. 26(f)(1)
- Rule 26(f) discovery plan reportFed. R. Civ. P. 26(f)(2)
- Responses to interrogatoriesFed. R. Civ. P. 33(b)(2)