Back to Main Page / Back to List of Rules
Rule 329b. District Court Cases (1955)
The following rules shall be applicable to motions for new trial filed in all district courts:
1. A motion for new trial when required shall be filed within ten (10) days after the judgment or other order complained of is rendered.
2. An original motion for new trial filed within said ten (10) day period may be amended by leave of the court. Said amended motion shall be filed before the original motion is acted upon and within twenty (20) days after the original motion for new trial is filed. Not more than one amended motion for new trial may be filed.
3. All motions and amended motions for new trial must be determined within not exceeding forty-five (45) days after the original or amended motion is filed, unless by written agreement of the parties in the case, the decision of the motion is postponed to a later date.
4. It shall be the duty of the proponent of an original or amended motion for new trial to present the same to the court within thirty (30) days after the same is filed. However, at the discretion of the district judge, an original motion or amended motion for new trial may be presented or hearing thereon completed after such thirty (30) day period. Such delayed hearing shall not operate to extend the time within which the original or amended motion must be determined, unless such time be extended by agreement as provided for in the preceding subdivision of this Rule. In the event an original motion or amended motion for new trial be not presented within thirty (30) days after the date of the filing thereof, and the district judge in his discretion refuses to consider the same or refuses to hear evidence relating thereto, such motion will be overruled by operation of law forty-five (45) days after the same is filed, unless disposed of by an order rendered before said date.
5. Judgments in the district court shall become final after the expiration of thirty (30) days after the date of rendition of judgment or order overruling an original or amended motion for new trial. After the expiration of thirty (30) days from the date the judgment is rendered or motion for new trial is overruled, the judgment cannot be set aside except by bill of review for sufficient cause, filed within the time allowed by law. The failure of a party to file a motion for new trial within the ten (10) day period prescribed in subdivision (1) of this rule shall not deprive the district court of jurisdiction to set aside a judgment rendered by it, provided such action be taken within thirty (30) days after the judgment is rendered. The filing of a motion for new trial after ten (10) days have expired and before thirty (30) days have expired since the rendition of the judgment shall not operate to extend the district court's jurisdiction over the judgment for a period of more than thirty days from the date of the rendition of judgment.
6. In district courts having continuous terms, that is, successive terms in a county throughout the year, without more than two days intervening between any such terms, the following rules shall apply:
(a) A motion for new trial filed during one term of court may be heard and acted upon at the next term of court.
(b) No motion for new trial shall be considered as waived or overruled because not acted upon at the term of court at which it was filed, but may be acted upon at any time within the next term of court agreeable to the provisions of this Rule 329-b.
(c) Judgments of such courts shall become as final after the expiration of thirty (30) days after the date of judgment or after a motion for new trial is overruled as if the term of court had expired.
7. In district courts which do not have continuous terms as defined above, the following provisions shall apply:
(a) Whenever a judgment is rendered and the remaining portion of the term does not extend for a period of thirty (30) days after such date of rendition, the term of said court insofar as the case in which the judgment is rendered is concerned shall be automatically extended for a period of thirty (30) days from and after the date of rendition of judgment.
(b) If original or amended motions for new trial be timely filed in accordance with this Rule 329-b, then the term of court, insofar as the particular case is concerned, shall be further automatically extended until the expiration of thirty (30) days after the time such motion for new trial shall have been disposed of in accordance with the provisions of this Rule.
July 20, 1954, eff. Jan. 1, 1955.
July 26, 1960, eff. Jan. 1, 1961
July 20, 1966, eff. Jan. 1, 1967
Oct. 3, 1972, eff. Feb. 1, 1973
July 11, 1977, eff. Jan. 1, 1978
June 10, 1980, eff. Jan. 1, 1981
Dec. 5, 1983, eff. April 1, 1984
July 15, 1987, eff. Jan. 1, 1988