(b) Subsequent Proceedings. If trial was by the court
Criminal Procedure
Rule: 35
Jurisdiction: AK
Bluebook Citation: Alaska R. Crim. P. 35
without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment. (Adopted by SCO 4 October 4, 1959; amended by SCO 49 effective January 1, 1963; and by SCO 1153 effective July 15, 1994) (c) Time for Motion. A motion for a new trial based on the ground of newly discovered evidence may be made only before or within 180 days after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case. A motion for a new trial based on any other grounds shall be made within 5 days after verdict or finding of guilt, or within such further time as the court may fix during the 5-day period. (Adopted by SCO 4 October 4, 1959; amended by SCO 554 effective April 4, 1983; and SCO 1242 effective July 15, 1996)
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