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Arrest of Judgment

criminal procedure decision civil

The postponement or stay of an official decision of a court, or the refusal to render such a determination, after a verdict has been reached in an action at law or a criminal prosecution, because some defect appears on the face of the record that, if a decision is made, would make it erroneous or reversible.

Although the Federal Rules of Civil Procedure make no such provision, state codes of civil procedure should be consulted concerning the issuance of an arrest of judgment in actions at law.

In criminal proceedings, a defendant must make a motion for an arrest of judgment when the indictment or information fails to charge the accused with an offense or if the court lacks jurisdiction over the offense charged. State and federal rules of CRIMINAL PROCEDURE govern an arrest of judgment in criminal prosecutions.

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