Indiana Rules of Criminal Procedure

Rule 5.3. Motion to Correct Error

Effective January 1, 2024

(A) When Mandatory.

A motion to correct error is not a prerequisite for appeal, except when a party seeks to address newly discovered material evidence, including alleged jury misconduct, capable of production within thirty days after the sentencing date which, with reasonable diligence, could not have been discovered and produced at trial.

All other issues and grounds for appeal appropriately preserved during trial may be initially addressed in the appellate brief.

(B) Time for Filing.

A motion to correct error, if any, must be filed within thirty days after the date of sentencing, or the date of entry on the chronological case summary of an order of dismissal or an order of acquittal.