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Rule 608 – Motion for Judgment of Acquittal After Discharge of Jury

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) TIME FOR MOTION.

(1) Oral Motion.

An oral motion for judgment of acquittal may be made and decided at the time the jury is discharged without agreeing upon a verdict if the defendant so agrees on the record.

(2) Written Motion.

A written motion for judgment of acquittal shall be filed within 10 days after the jury has been discharged without agreeing upon a verdict.

(B) TIME FOR DECISION ON MOTION.

(1) A motion for judgment of acquittal after the jury has been discharged without agreeing upon a verdict shall be decided within 30 days after the motion is filed. If the judge fails to decide the motion within 30 days, the motion shall be deemed denied.
(2) When a motion for judgment of acquittal is denied by operation of law under this rule, the clerk of courts shall enter an order on behalf of the court, and shall immediately notify the attorney for the Commonwealth, the defendant(s), and defense counsel that the motion is deemed denied.

234 Pa. Code ยง 608

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with the Court’s Order at 23 Pa.B. 1699 (April 10, 1993).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

Final Report explaining the October 1, 2012, Comment revision changing the Rule 600 reference published with the Court’s Order at 42 Pa.B. 6629 (October 20, 2012).