SCRCrimP 29

(a) Generally. Except for motions for new trials based on after-discovered evidence, post-trial motions

shall be made within ten (10) days after the imposition of the sentence. In cases involving appeals from

convictions in magistrate's or municipal court, post-trial motions shall be made within ten (10) days

after receipt of written notice of entry of the order or judgment disposing of the appeal. The time for

appeal for all parties shall be stayed by a timely post-trial motion and shall run from the receipt of

written notice of entry of the order granting or denying such motion. The time within which to make

the motion shall not be affected by the ending of a term of court or departure of the judge from the

circuit, and the circuit judge shall retain jurisdiction of the action for the purpose of hearing and

disposing of the motion if not heard and disposed of during the term. Except by consent of the parties,

argument on the motion shall be heard in the circuit where the trial or hearing was held. The motion

may, in the discretion of the court, be determined on briefs filed by the parties without oral argument.

(b) New Trials Based on After-Discovered Evidence. A motion for a new trial based on after-discovered evidence must be made within one (1) year after the date of actual discovery of the

evidence by the defendant or after the date when the evidence could have been ascertained by the

exercise of reasonable diligence. A motion for a new trial based on after-discovered evidence may not

be made while the case is on appeal unless the appellate court, upon motion, has suspended the

appeal and granted leave to make the motion. Leave of the appellate court is not required if no appeal

has been taken or if the appeal has been finally decided in the appellate court.

Note:

The first sentence of this rule is taken from the common law rule that post trial

motions be made and heard before the end of the term of court. This rule replaces

Criminal Practice Rule 5.

Note to 1990 Amendment:

This amendment deletes reference to Supreme Court Rule 24 which has been

repealed. It adds language indicating when a motion for a new trial based on after-discovered evidence may be made in the trial court and when leave from an appellate

court must be obtained to make the motion. It modifies the prior practice under

Supreme Court Rule 24 by not requiring leave from the appellate court after the

conviction has been affirmed.

Note to 1991 Amendment:

This amendment reorganizes Rule 29. It changes prior practice by allowing the parties

up to ten (10) days to file post trial motions and by providing the circuit judge

jurisdiction to hear and determine these motions despite the end of the term. The

amendment also provides flexibility for the circuit judge to determine motions on

briefs without oral arguments.

Note to 2011 Amendment:

This amendment places a one year limit on the time to make a motion for a new trial

based on after-discovered evidence.