Section 608. Motion for Judgment of Acquittal After Discharge of Jury

(A) TIME FOR MOTION.

(1) Oral Motion.

An oral motion for judgment of acquittal may be made and decided at the time the jury is discharged without agreeing upon a verdict if the defendant so agrees on the record.

(2) Written Motion.

A written motion for judgment of acquittal shall be filed within 10 days after the jury has been discharged without agreeing upon a verdict.

(B) TIME FOR DECISION ON MOTION.

(1) A motion for judgment of acquittal after the jury has been discharged without agreeing upon a verdict shall be decided within 30 days after the motion is filed. If the judge fails to decide the motion within 30 days, the motion shall be deemed denied.

(2) When a motion for judgment of acquittal is denied by operation of law under this rule, the clerk of courts shall enter an order on behalf of the court, and shall immediately notify the attorney for the Commonwealth, the defendant(s), and defense counsel that the motion is deemed denied.

Comment

This rule is intended to correlate the procedures governing a motion for judgment of acquittal after a jury is discharged with the post-sentence procedures adopted in 1993 under Rule 720 (Post-Sentence Procedures; Appeal), thereby promoting the prompt disposition of post-trial matters.

Rule 608 provides specific time limits within which a motion for judgment of acquittal after a jury is discharged must be made and decided. If the judge fails to rule on the motion within 30 days of filing, the motion is denied by operation of law. Paragraph (B)(2) requires the clerk of courts to enter an order denying the motion and to notify the parties.

For the commencement of trial when the trial judge denies the motion or when the motion is denied by operation of law, see Rule 600(A).

Official Note

Former Rule 1125 adopted January 24, 1968, effective August 1, 1968; amended June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; rescinded July 1, 1980, effective August 1, 1980, and not replaced. Present Rule 1125 adopted March 22, 1993, effective as to cases in which trial commences on or after January 1, 1994; renumbered Rule 608 and amended March 1, 2000, effective April 1, 2001; Comment revised October 1, 2012, effective July 1, 2013.

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with the Court’s Order at 23 Pa.B. 1699 (April 10, 1993).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

Final Report explaining the October 1, 2012, Comment revision changing the Rule 600 reference published with the Court’s Order at 42 Pa.B. 6629 (October 20, 2012).

The provisions of this Rule 608 amended October 1, 2012, effective July 1, 2013, 42 Pa.B. 6622. Immediately preceding text appears at serial pages (264312) and (360283).