---
title: "New Trial"
citation: "Fed. R. Crim. P. 33"
authority_id: "AUTH-FRCRIM-P-33"
authority_type: "rule"
jurisdiction: "federal_nationwide"
precedential_status: "binding_national_procedural_rule"
official_url: "https://www.govinfo.gov/content/pkg/USCODE-2024-title18/pdf/USCODE-2024-title18-app.pdf"
url: "https://jason93.com/legal/federal-process/authorities/AUTH-FRCRIM-P-33/"
legal_review: "2026-08-24"
links_checked: "2026-10-15"
links_available: 1
links_checked_count: 1
license: "CC BY 4.0"
---

# Federal Rule of Criminal Procedure 33

## Propositions supported

- Subsection (a) defines who may move, the interest-of-justice relief, and the additional bench-trial options.
- Subsection (b)(1) supplies the three-year deadline and pending-appeal restriction for newly discovered evidence.
- Subsection (b)(2) supplies the fourteen-day deadline for all other grounds.

## Material limitations

Rule 33 does not itself define the circuit-specific merits tests for newly discovered evidence, recantation, weight of the evidence, or alleged trial error. It must be read with Rule 45 for computation and extensions and with controlling case law for the nonjurisdictional character of its deadlines.

## Official source and locator

- GovInfo, Title 18 Appendix, Rule 33, pages 141–143 of the printed appendix: <https://www.govinfo.gov/content/pkg/USCODE-2024-title18/pdf/USCODE-2024-title18-app.pdf>
- Current-rules status page: <https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-criminal-procedure>


## Used in

- [Federal Rule of Criminal Procedure 33 — New Trial](https://jason93.com/legal/federal-process/modules/30-plea-and-trial/rule-33-new-trial.md)