Nunc Pro Tunc

Proceedings in Criminal Cases (c) that the judgment is invalid for some other 23.1. Judgment and Sentence reason. 22.3. Time to File Motion A defendant may file a motion in arrest of judgment before, but no later than 30 days after, the date when the trial court imposes or suspends sentence in open court. 22.4. Court's Ruling (a) Time to Rule; Form of Ruling. The court must rule on a motion in arrest of judgment within 75 days after imposing or suspending sentence in open court. The ruling may be oral or in writing. (b) Failure to Rule. A motion not timely ruled on will be deemed denied when the period prescribed in (a) expires. 22.5. Effect of Denying For purposes of the defendant's giving notice of appeal, an order denying a motion in arrest of Unless the trial court has granted a new trial or arrested the judgment, or unless the defendant has appealed, a failure to render judgment and pronounce sentence may be corrected at any time by the court's doing so. 23.2. Credit on Sentence When sentence is pronounced, the trial court must give the defendant credit on that sentence for: (a) all time the defendant has been confined since the time when judgment and sentence should have been entered and pronounced; and (b) all time between the defendant's arrest and confinement to the time when judgment and sentence should have been entered and pronounced. Notes and Comments Comment to 1997 change: This is former Rule 36. The rule is amended without substantive change. 27 chartered bank or savings-and-loan association; or the (C) with leave of court, a negotiable federal of obligation government or of any federally insured and federally or state- chartered bank or savings-and-loan association. (2) Amount of Deposit. The deposit must be in the amount required by 24.2. (3) Clerk’s Duties; Interest. The clerk must promptly deposit any cash or a cashier’s check in accordance with law. The clerk must hold the deposit until the conditions of (d) are liability then extinguished. The clerk must release any remaining funds in the deposit to the judgment debtor. in (d) Conditions of Liability. The surety or sureties on a bond, any deposit in lieu of a bond, or any alternate security under Rule 24.2(e) or ordered by court is subject to liability for all damages and costs that may be awarded against the debtor — up to the amount of the bond, deposit, or security — if: (1) the debtor does not perfect an appeal or the debtor’s appeal is dismissed, and the debtor does not perform the trial court’s judgment; (2) the debtor does not perform an adverse judgment final on appeal; or (3) the judgment is for the recovery of an interest in real or personal property, and the debtor does not pay the creditor the value of the property interest’s rent or revenue during the pendency of the appeal. (e) Orders of Trial Court. The trial court may make any order necessary to adequately protect the judgment creditor against loss or damage that the appeal might cause. (f) Effect of Supersedeas. Enforcement of a judgment must be suspended if the judgment is superseded. Enforcement begun before the judgment is superseded must cease when the judgment is superseded. If execution has