TITLE XXIX MOTIONS FOR NEW TRIAL AND IN ARREST OF JUDGMENT CHAPTER 1. MOTION FOR NEW TRIAL Art. 851. Grounds for new trial A. The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is shown to have been the case the motion shall […]
Art. 852. Form, content, and trial of motion for new trial A motion for a new trial shall be in writing, shall state the grounds upon which it is based, and shall be tried contradictorily with the district attorney.
Art. 853. Time for filing motion for new trial A. Except as otherwise provided by this Article, a motion for a new trial must be filed and disposed of before sentence. The court, on motion of the defendant and for good cause shown, may postpone the imposition of sentence for a specified period in order […]
Art. 854. Newly discovered evidence; necessary allegations A motion for a new trial based on ground (3) of Article 851 shall contain allegations of fact, sworn to by the defendant or his counsel, showing: (1) That notwithstanding the exercise of reasonable diligence by the defendant, the new evidence was not discovered before or during the […]
Art. 855. Errors discovered after verdict or judgment of guilty; necessary allegations A motion for a new trial based on ground (4) of Article 851 shall contain allegations of fact sworn to by the defendant or his counsel, showing: (1) The specific nature of the error or defect complained of; and (2) That, notwithstanding the […]
Art. 855.1. Conviction based on acts committed as a victim of trafficking A motion for new trial based on Article 851(B)(6) of this Code shall be available only to persons convicted of violating R.S. 14:82, 83.3, 83.4, 89, or 89.2 prior to August 1, 2014, and shall contain allegations of fact sworn to by the […]
Art. 856. Motion to urge all available grounds; exceptions A motion for a new trial shall urge all grounds known and available to the defendant at the time of the filing of the motion. However, the court may permit the defendant to supplement his original motion by urging an additional ground, or may permit the […]
Art. 857. Effect of granting new trial The effect of granting a new trial is to set aside the verdict or judgment and to permit retrial of the case with as little prejudice to either party as if it had never been tried.
Art. 858. Review of ruling on motion for new trial Neither the appellate nor supervisory jurisdiction of the supreme court may be invoked to review the granting or the refusal to grant a new trial, except for error of law.
