Texas Code of Criminal Procedure 45A.201 – New Trial
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(a) A motion for a new trial must be made not later than the fifth day after the imposition of judgment and sentence.
(b) Subject to Subsection (e), not later than the 10th day after the date that the judgment is entered, a justice or judge may grant the defendant a new trial for good cause shown if the justice or judge considers that justice has not been done the defendant in the trial of the case.
Terms Used In Texas Code of Criminal Procedure 45A.201
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If a motion for a new trial is not granted before the 11th day after the date that the judgment is entered, the motion is considered denied.
(d) If a new trial is granted, the justice or judge shall proceed to try the case again as soon as practicable.
(e) A defendant may be granted not more than one new trial in the same case.
(f) The state is not entitled to a new trial in any case.
Text of article effective on January 01, 2025