Is a motion for a new trial required to be made before judgment?
California, United States of America
The following excerpt is from People v. Lucero, E060275 (Cal. App. 2015):
Penal Code section 1182, as relevant here, provides: "The application for a new trial must be made and determined before judgment . . . ." A motion for new trial does not have to be in writing; it may be oral. (People v. Simon (1989) 208 Cal.App.3d 841, 847.) As far as we have been able to determine, there is no state or local rule requiring that a new trial motion in a criminal case be made at any particular time before judgment.
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