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Criminal Procedure: Rule 121 - New Trial or Reconsideration


RULE 121
New Trial or Reconsideration

Section 1. New trial or reconsideration. — At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.

Section 2. Grounds for a new trial. — The court shall grant a new trial on any of the following grounds:
  1. The errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;
  2. The new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment. 
Section 3. Ground for reconsideration. — The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings.

Section 4. Form of motion and notice to the prosecutor. — The motion for a new trial or reconsideration shall be in writing and shall state the grounds on which it is based. If based on a newly-discovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence. Notice of the motion for new trial or reconsideration shall be given to the prosecutor. 

Section 5. Hearing on motion. — Where a motion for a new trial calls for resolution of any question of fact, the court may hear evidence thereon by affidavits or otherwise. 

Section 6. Effects of granting a new trial or reconsideration. — The effects of granting a new trial or reconsideration are the following:
  1. When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the introduction of additional evidence.
  2. When a new trial is granted on the ground of newly-discovered evidence, the evidence already adduced shall stand and the newly-discovered and such other evidence as the court may, in the interest of justice, allow to be introduced shall be taken and considered together with the evidence already in the record.
  3. In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly.

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