Eberhart v. United States (2005)
- Docket
- 04-9949
- Decided
- 2005-01-01
Summary
Question: Does Federal Rule of Criminal Procedure 33, which creates a seven-day limit for filing a motion for a new trial that is not based on newly discovered evidence, create a jurisdictional bar that prevents a district court from granting a new trial? Conclusion: Federal Rule of Criminal Procedure 33 creates an inflexible claim-processing rule, not a jurisdictional one. In a per curiam opinion, the unanimous Court held that the U.S. Court of Appeals for the Seventh Circuit erred in claiming that Federal Rule of Criminal Procedure 33 created a jurisdictional bar that prevented the district court from granting Eberhart’s motion. Further, the Court held that the government forfeited the defense of untimeliness because it was raised after the district court reached its decision on merits.