Motion for New Trial — G.S. 15A-1414/1415

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

Defendant Name *

File / Case No. *

County *

Court Division

Date of Judgment / Sentence *

Verdict / Offense

Sentence Imposed

03GROUNDS FOR NEW TRIAL (select all that apply)

Newly Discovered Evidence (G.S. 15A-1415(b)(6))

Factual Basis — Newly Discovered Evidence

Juror Misconduct (G.S. 15A-1414(b)(2))

Factual Basis — Juror Misconduct

Improper Admission or Exclusion of Evidence (G.S. 15A-1414(b)(1))

Factual Basis — Evidence Ruling

Prosecutorial Misconduct

Factual Basis — Prosecutorial Misconduct

Ineffective Assistance of Counsel (Strickland v. Washington)

Factual Basis — IAC

Verdict Contrary to the Weight of the Evidence (G.S. 15A-1414(b)(1))

Factual Basis — Weight of Evidence

Other (specify below)

Other Ground — Description and Factual Basis

04RELIEF REQUESTED

Type of Relief

Additional Relief or Orders Requested

05SUPPORTING EVIDENCE TO BE ATTACHED

Affidavit(s) of witness(es) or defendant

Trial transcript excerpt(s)

Expert report or analysis

Witness statements

Lab results or forensic evidence

Other (described in motion body)

SELECTED COUNTY

— Select above —

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FILING DEADLINES

Motion for New Trial must be filed within 10 days of verdict (G.S. 15A-1414)
Motion for Appropriate Relief (MAR) has no time limit for constitutional violations (G.S. 15A-1415)
Newly discovered evidence claims may be brought under MAR without the 10-day limit
File in the same court that entered the judgment
Attach affidavits — unsupported allegations rarely succeed

NEWLY DISCOVERED EVIDENCE — 4-PART TEST

Discovered after the trial
Could not have been discovered with due diligence before trial
Evidence is material to the verdict
Likely to produce a different result at a new trial

STATUTORY REFERENCE

G.S. 15A-1414Motion for new trial

G.S. 15A-1415MAR — no time limit

G.S. 15A-1416Motion in arrest of judgment

Strickland466 U.S. 668 (1984)

Brady373 U.S. 83 (1963)

NEED AN ATTORNEY?

This motion must be signed and filed by a licensed NC attorney
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