New Trial

(a) Defendant's Motion. On the defendant's motion, the court may vacate any judgment and grant a new trial to that defendant if the interest of justice so requires. A motion for a new trial must specify the alleged defects and errors with particularity. If the case was tried without a jury, the court may take additional testimony and enter a new judgment. (b) Motions. (1) Newly Discovered Evidence. Any motion for a new trial based on newly discovered evidence must be filed within three years after the verdict or finding of guilty and be supported by a declaration. (2) Other Grounds. Any motion for a new trial based on any reason other than newly discovered evidence must be filed within 14 days after the verdict or finding of guilty. Any motion for a new trial based on jury misconduct must be supported by a declaration . Any motion for a new trial based on any other grounds may be made on the file, exhibits, and minutes of the court. Pertinent facts not a part of the minutes may be shown by declaration except as otherwise provided in these rules. Either party may procure a complete or partial transcript of the proceedings for use on the hearing of the motion. (3) Appeal Pending. If an appeal is pending, the court may not grant a motion for a new trial until the case is remanded. (c) D eclarations . (1) Response to D eclaration . If a motion for a new trial is based on a declaration , the declaration must be served with the notice of motion. The opposing party may respond with opposing declarations , which must be served within 14 days after service of the motion for new trial. The court may extend the period for filing an opposing declaration and may permit reply declaration s. (2) Declarant's Attendance. If a declaration is presented to the court in support of or in opposition to a motion for a new trial and the declarant is a resident of this state, the court may require the declarant to attend a hearing for examination under oath. (d) Other Post-Conviction Remedies. Nothing in this rule may be construed to affect the remedies provided by N.D.C.C. ch. 29-32.1.