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Rule 29 – Post Trial Motions

May 14, 2021 | Criminal Procedure, South Carolina

(a) Generally. Except for motions for new trials based on after-discovered evidence, post-trial motions shall be made within ten (10) days after the imposition of the sentence. In cases involving appeals from convictions in magistrate’s or municipal court, post-trial motions shall be made within ten (10) days after receipt of written notice of entry of the order or judgment disposing of the appeal. The time for appeal for all parties shall be stayed by a timely post-trial motion and shall run from the receipt of written notice of entry of the order granting or denying such motion. The time within which to make the motion shall not be affected by the ending of a term of court or departure of the judge from the circuit, and the circuit judge shall retain jurisdiction of the action for the purpose of hearing and disposing of the motion if not heard and disposed of during the term. Except by consent of the parties, argument on the motion shall be heard in the circuit where the trial or hearing was held. The motion may, in the discretion of the court, be determined on briefs filed by the parties without oral argument.
(b) New Trials Based on After-Discovered Evidence. A motion for a new trial based on after-discovered evidence must be made within one (1) year after the date of actual discovery of the evidence by the defendant or after the date when the evidence could have been ascertained by the exercise of reasonable diligence. A motion for a new trial based on after-discovered evidence may not be made while the case is on appeal unless the appellate court, upon motion, has suspended the appeal and granted leave to make the motion. Leave of the appellate court is not required if no appeal has been taken or if the appeal has been finally decided in the appellate court.

S.c. R. Crim. P. 29

Amended effective April 28, 2011.

The first sentence of this rule is taken from the common law rule that post trial motions be made and heard before the end of the term of court. This rule replaces Criminal Practice Rule 5.

Note to 1990 Amendment:

This amendment deletes reference to Supreme Court Rule 24 which has been repealed. It adds language indicating when a motion for a new trial based on after-discovered evidence may be made in the trial court and when leave from an appellate court must be obtained to make the motion. It modifies the prior practice under Supreme Court Rule 24 by not requiring leave from the appellate court after the conviction has been affirmed.

Note to 1991 Amendment:

This amendment reorganizes Rule 29. It changes prior practice by allowing the parties up to ten (10) days to file post trial motions and by providing the circuit judge jurisdiction to hear and determine these motions despite the end of the term. The amendment also provides flexibility for the circuit judge to determine motions on briefs without oral arguments.

Note to 2011 Amendment:

This amendment places a one year limit on the time to make a motion for a new trial based on after-discovered evidence.