Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, November 02, 2005

Eberhart: Rule 33 7-day deadline not jurisdictional

In Eberhart v. U.S., No. 04-9949 (Oct. 31, 2005), the Supreme Court held that the time limit of Fed. R. Crim. P. 33(a) for motions for a new trial, which requires such motions to be filed "within 7 days after the verdict or finding of guilty, or within such further time as the court sets during the 7-day period," is not jurisdictional. Instead, it is a "claim processing rule." Such rules are forfeitable by the party opposing the untimely motion if they are not properly invoked. The Court acknowledge confusion in its precedent which led Circuit Courts to treat Rule 33(a) as jurisdictional.