Arkansas

Criminal Procedure

Rule 33.3 – Posttrial Motions

(a) A person convicted of either a felony or misdemeanor may file a motion for new trial or any other application for relief. Such pleadings shall include a statement that the movant believes the action to be meritorious and is not offered for the purpose of delay. A copy of any such motion shall be served on the representative of the prosecuting party. The trial court shall designate a date certain, if a hearing is requested or found to be necessary, to take evidence, hear, and determine all of the matters presented. The hearing shall be held within ten (10) days of the filing of any motion or application unless circumstances justify that the hearing or determination be delayed.
(b) All posttrial motions or applications for relief must be filed within thirty days after the date of entry of judgment. A posttrial motion or application filed before the entry of judgment shall become effective and be treated as filed on the day after the judgment is entered.
(c) Upon the filing of a posttrial motion or application for relief in the trial court, the time to file a notice of appeal shall not expire until thirty (30) days after the disposition of all motions or applications. If the trial court neither grants nor denies a posttrial motion or application for relief within thirty (30) days after the date the motion or application is filed, the motion or application shall be deemed denied as of the 30th day.

Ark. R. Crim. P. 33.3

Addition to Reporter’s Notes, 2001 Amendment: The rule has been reorganized and divided into three subdivisions. The second sentence of subdivision (b) is new and effectively overturns a line of cases which held that a posttrial motion that is filed prior to the entry of the judgment is untimely and ineffective. See Brown v. State, 333 Ark. 698, 970 S.W.2d 287 (1998); Davies v. State, 64 Ark. App. 12, 977 S.W. 2d 900 (1998); Hicks v. State, 324 Ark. 450, 921 S.W.2d 604 (1996); Webster v. State, 320 Ark. 393, 896 S.W.2d 890 (1995). The second sentence of subdivision (c) provides that a motion not ruled on by the court within 30 days of its filing (or within 30 days of the date it is treated as filed) is “deemed denied as of the 30th day.” This provision also appears in Rule 2(b)(1) of the Rules of Appellate Procedure-Criminal. The time within which to file a notice of appeal is found in Rule 2 of the Rules of Appellate Procedure- Criminal.