What is a motion in arrest of judgment? When should I file one?
A motion in arrest of judgment is essentially a post-trial motion to quash the indictment. (26) Any motion in arrest of judgment must be filed no later that 30 days after the court imposes or suspends sentence. (27) However, in light of the 1991 amendment to Tex. Code Crim. Proc. art. 1.14(b), a motion in arrest of judgment now appears to be confined to reurging complaints about the indictment that were previously raised by timely objection prior to trial. (28) Like a motion for new trial, a motion in arrest of judgment is overruled by operation of law if the court has not ruled within 75 days of filing the motion.
Related Questions
- After a Final Judgment has been filed, how much time do I have to file a motion objecting to the final judgment and is that the only way a foreclosure can be stopped?
- What If I File A Properly Supported Motion For Summary Judgment And The Other Party Doesn’t File Properly Supported Opposition Papers?
- What is a motion in arrest of judgment? When should I file one?
