22-3501. New trial.

22-3501

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 35.--POST-TRIAL MOTIONS

      22-3501.   New trial.(1) The court on motion of a defendant may grant a new trial to him ifrequired in the interest of justice. If trial was by the court without ajury the court on motion of a defendant for a new trial may vacate thejudgment if entered, take additional testimony and direct the entry of anew judgment. A motion for a new trial based on the ground of newlydiscovered evidence may be made within two years after final judgment, butif an appeal is pending the court may grant the motion only on remand ofthe case. A motion for a new trial based on any other grounds shall be madewithin 10 days after the verdict or finding of guilty or within suchfurther time as the court may fix during the 10-day period.

      (2)   A motion for a new trial shall be heard and determined by the courtwithin 45 days from the date it is made.

      History:   L. 1970, ch. 129, § 22-3501; July 1.