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Rule 16 – Motion to Correct Error

May 13, 2021 | Criminal Procedure, Indiana

(A) When Mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days after the date of sentencing which, with reasonable diligence, could not have been discovered and produced at trial.

All other issues and grounds for appeal appropriately preserved during trial may be initially addressed in the appellate brief.

(B) Time for Filing; Service on. A Motion to Correct Error, if any, shall be filed within thirty (30) days after the date of sentencing, or the date of notation in the Chronological Case Summary of an order of dismissal or an order of acquittal, and shall be served upon the judge having jurisdiction of the cause. Trial Rule 59 (Motion to Correct Error) and Trial Rule 53.3 (Motion to Correct Error: Time Limitation for Ruling) will apply to criminal proceedings insofar as applicable and when not in conflict with any specific rule adopted by the Indiana Supreme Court for the conduct of criminal procedure.

Ind. R. Crim. P. 16