Motion for judgment of acquittal after verdict or judgment of

conviction. (a) GENERALLY. After a verdict or the entry of a judgment of conviction, the defendant may move for a judgment of acquittal, or the court, on its own motion, may grant a judgment of acquittal. It shall not be necessary to the making of the motion after a verdict or judgment of conviction that a similar motion have been made prior to the submission of the case to the factfinder. (b) TIME FOR MAKING MOTION. (1) In general. After the return of a verdict or after a judgment of conviction, but no later than thirty (30) days after the pronouncement of sentence, a defendant may move to have the judgment of conviction and any sentence thereon, or, in the case of a jury trial, the verdict and any judgment of conviction and any sentence thereon, set aside and to have a judgment of acquittal entered; or if following a jury trial a verdict was not returned, the defendant, within ten (10) days after the jury has been discharged (or before the start of a new trial in the event a new trial begins within the ten [10] days), may move for judgment of acquittal. (2) District and municipal courts. In the district and municipal courts the thirty-day period provided for in subsection (1) of section (b) is reduced to fourteen (14) days. (c) JOINDER WITH OTHER MOTIONS. A motion for judgment of acquittal may be made in addition to a motion for new trial under Rule 24.1 or a motion in arrest of judgment under Rule 24.2, or may be joined with either of those motions as an alternative prayer for relief within the same motion. (d) FINDING OF NOT GUILTY BY REASON OF MENTAL DISEASE OR DEFECT OR NOT GUILTY AND NOT GUILTY BY REASON OF MENTAL DISEASE OR DEFECT. A defendant who has been found not guilty by reason of mental disease or defect or not guilty and not guilty by reason of mental disease or defect may file a motion for judgment of acquittal under this Rule 20. (e) PRESENTATION TO JUDGE NOT REQUIRED. In order to perfect the filing of a motion for judgment of acquittal under this Rule 20, it is not necessary for the motion to be presented to the judge, nor is it required, in order to perfect its filing, that the motion be set for a date certain. (f) DENIAL BY OPERATION OF LAW. (1) In general. No motion for a judgment of acquittal under this Rule 20 shall remain pending in the trial court for more than sixty (60) days after the pronouncement of sentence, except as provided in this section. A failure by the trial court to rule on such a motion within the sixty (60) days allowed by this section shall constitute a denial of the motion as of the sixtieth day; provided, however, that with the express consent of the district attorney and the defendant or the defendant’s attorney, which consent shall appear in the record, the motion may be carried past the sixtieth day to a date certain; if not ruled upon by the trial court as of the date to which the motion is continued, the motion is deemed denied as of that date, unless it has been continued again as provided in this section. The motion may be continued from time to time as provided in this section. (2) District and municipal courts. In district and municipal courts the sixtyday period provided for in subsection (1) of section (f) is reduced to fourteen (14) days. (g) TOLLING OF PERIOD FOR APPEAL FROM DISTRICT OR MUNICIPAL COURTS. The timely filing of a motion for judgment of acquittal after a judgment of conviction in the district or municipal court shall toll the running of the time for appeal, until the motion is denied. [Amended eff. 7-1-98.] Committee Comments as Amended Effective August 1, 1997