Rule 22 — Arrest of Judgment in Criminal Cases

22.1.  Definition
Motion in arrest of judgment means a defendant's
oral or written suggestion that, for reasons stated in the
motion, the judgment rendered against the defendant
was contrary to law. Such a motion is made in the trial
court.
22.2.  Grounds
The motion may be based on any of the following
grounds:
(a) that the indictment or information is subject
to an exception on substantive grounds;
(b) that in relation to the indictment or
information a verdict is substantively
defective; or
(c) that the judgment is invalid for some other
reason.
22.3.  Time to File Motion
A defendant may file a motion in arrest of
judgment before, but no later than 30 days after, the
date when the trial court imposes or suspends sentence
in open court.
22.4.  Court's Ruling
(a) Time to Rule; Form of Ruling. The court must
rule on a motion in arrest of judgment within
75 days after imposing or suspending
sentence in open court. The ruling may be
oral or in writing.
(b) Failure to Rule. A motion not timely ruled on
will be deemed denied when the period
prescribed in (a) expires.
22.5.  Effect of Denying
For purposes of the defendant's giving notice of
appeal, an order denying a motion in arrest of
judgment will be considered an order denying a
motion for new trial.
22.6.  Effect of Granting
(a) Defendant Restored. If judgment is arrested,
the defendant is restored to the position that
he or she had before the indictment or
information was presented.
(b) Defendant Discharged or Remanded. If the
judgment is arrested, the defendant will be
discharged. But the trial court may remand
the defendant to custody or fix bail if the
court determines, from the evidence adduced
at trial, that the defendant may be convicted
on a proper indictment or information, or on
a proper verdict in relation to the indictment
or information.

Comment to 1997 change: Former Rules 33, 34,
and 35 are merged without substantive change.