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Rule 329b. District and County Court Cases (1961)
The following rules shall be applicable to motions for new trial filed in all district and county 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) days 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 one or more successive written agreements of the parties in the case filed with the clerk of the court the decision of the motion is postponed to a day certain specifically set out in any such agreement. Any such day certain shall not be more than ninety (90) days after such original or amended motion is filed.
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 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 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 on or before said date. In the event the decision of the motion is postponed by any written agreement as provided in subdivision 3 of this Rule then any such original or amended motion, if not determined by the court, will be overruled by operation of law ninety (90) days after the same is filed, or on the latest day certain agreed upon, whichever occurs first.
5. Judgments 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 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 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 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 and in county 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 329b.
(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 county courts which do not have continuous terms as defined above, the same rules shall apply except that whenever the last day of any period of time specified in this Rule 329b shall fall on a day when such a court is in vacation, such period shall run to the fifth day of the next term.
Source: Derived from Rules 330 (j), 330 (k) and 330 (1) prior to changes made in those rules effective January 1, 1955.
Amended by order of July 26, 1960, eff. Jan. 1, 1961: Provisions of rule broadened to apply to county courts.
|Prior Amendments||Future Amendments|
|July 20, 1954, eff. Jan. 1, 1955||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|