Can a motion for a new trial be entertained by a district court without a remand?
MultiRegion, United States of America
The following excerpt is from United States v. Frame, 454 F.2d 1136 (9th Cir. 1972):
1 The predecessor to Rule 33 provided that a motion for new trial could be "entertained" by a trial court "only on remand of the case by the appellate court for that purpose." Rule II(3), 292 U.S. 662 (1934). Accordingly, it was held that a district court lacked jurisdiction to entertain a motion for new trial without a remand. See, e. g., Casebeer v. Hudspeth, 121 F.2d 914 (10th Cir. 1941).
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