JASON93 / LEGAL TECHSearch the reference
AuthorityCurrent through August 26, 2026View as Markdown

Legal review · Links checked : the source is available · Scope & methodology

This record is not a citator check. Confirm later history and treatment before relying on it.

authority type
case
jurisdiction
federal_nationwide
publication status
published_united_states_reports
precedential status
binding_historical_rule_interpretation
decision or issuance date
1947-06-02
subsequent history
Current Rule 33 now expressly predicates relief on a defendant's motion.
negative treatment status
No overruling identified in official-primary-source review as of 2026-08-24; comprehensive commercial citator not run.
material limitations
The opinion's numerical deadline and final-judgment trigger are historical and superseded.

Open official source ↗

Linked modules

United States v. Smith

Holding

The district court could not order a new trial on its own initiative after the then-applicable Rule 33 motion period had expired.

Material limitations

The opinion construed the 1946 version of Rule 33. Its numerical deadlines and former final-judgment trigger are historical, not current. The current rule now begins with an express defendant-motion requirement.

Official source and pinpoint

GovInfo official United States Reports, 331 U.S. 469, 469–476: https://www.govinfo.gov/content/pkg/USREPORTS-331/pdf/USREPORTS-331-469.pdf