If the defendant wants a new trial, what must the defendant do?

• A. File a motion for a new trial within 30 days.
• B. Make a request for a new trial within 10 days from the date the judgment was entered.
• C. Appeal to a higher court within 10 days.
• D. Submit a written pardon request to the governor.

Answer: (B)

The focus is on post-trial procedures and when a defendant can ask for a new trial. A motion for a new trial is the formal request to the trial court to reevaluate the verdict because of issues that occurred during the trial or because of newly discovered evidence. This request must be made promptly, within a specific window after judgment is entered, so the court has a timely chance to review the outcome and determine whether a retrial is warranted.

The correct approach is to file the motion within 10 days from the date the judgment was entered. This deadline ensures the matter is brought to the court’s attention while the trial record is fresh and before proceedings move too far forward. If this deadline passes, the defendant typically loses the chance to obtain a new trial through this route, unless there are limited, exceptional circumstances outlined by the governing rules.

Why the other options don’t fit: waiting 30 days is beyond the stated window and would generally be considered too late for a new-trial motion. An appeal has its own separate process and timelines and is not the same as seeking a new trial in the trial court. A pardon from the governor is a clemency remedy outside the judicial post-trial process and does not grant a new trial in the courts.