Criminal procedure
Rule 29 Motion
A Rule 29 motion asks the court to enter a judgment of acquittal because the government's evidence is legally insufficient to convict.
It is made after the government rests, renewed at the close of all evidence, and can be renewed again within fourteen days after a guilty verdict. The judge asks whether any rational juror could find each element proven beyond a reasonable doubt, viewing the evidence in the government's favor.
Grants are uncommon but final in a way an appeal is not. An acquittal under this rule generally cannot be appealed by the government because of double jeopardy.
Even when denied, the motion preserves the issue. Sufficiency of the evidence is one of the most common arguments on appeal, and it is generally available only if the defense raised it at trial.
How it appears on a docket
MINUTE ENTRY: Defendant's oral Rule 29 motion at the close of the government's case is DENIED as to Counts 1 through 4 and GRANTED as to Count 5.
Governing rule
Fed. R. Crim. P. 29
Related terms
- Rule 33 Motion — A Rule 33 motion asks the court to vacate a conviction and grant a new trial in the interest of justice.
- Verdict — A verdict is the jury's decision on the questions it was asked to answer, such as liability and damages.
More on criminal procedure
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