Section 607. Challenges to the Weight of the Evidence

(A) A claim that the verdict was against the weight of the evidence shall be raised with the trial judge in a motion for a new trial:

(1) orally, on the record, at any time before sentencing;

(2) by written motion at any time before sentencing; or

(3) in a post-sentence motion.

(B) (1) If the claim is raised before sentencing, the judge shall decide the motion before imposing sentence, and shall not extend the date for sentencing or otherwise delay the sentencing proceeding in order to dispose of the motion.

(2) An appeal from a disposition pursuant to this paragraph shall be governed by the timing requirements of Rule 720(A)(2) or (3), whichever applies.

Comment

The purpose of this rule is to make it clear that a challenge to the weight of the evidence must be raised with the trial judge or it will be waived. Appellate review of a weight of the evidence claim is limited to a review of the judge’s exercise of discretion. See Commonwealth v. Widmer, 689 A.2d 211 (Pa. 1997), and Commonwealth v. Brown, 648 A.2d 1177, 1189—1192 (Pa. 1994).

When a claim is raised before sentencing, the defendant may, but need not, raise the issue again in a post-sentence motion. See Rule 720(B)(1)(a)(iv).

Official Note

Rule 1124A adopted October 15, 1997, effective January 1, 1998; renumbered Rule 607 and amended March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the October 15, 1997 adoption of Rule 1124A published with the Court’s Order at 27 Pa.B. 5599 (November 1, 1997).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).