Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 6 - TRIAL PROCEDURES IN COURT CASES
Part A - General Provisions
Rule 608 - Motion for Judgment of Acquittal After Discharge of Jury
Universal Citation: 234 PA Code ยง 608
Current through Register Vol. 54, No. 12, March 23, 2024
(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.
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