Idaho Code
Idaho Code

Idaho Code § 19-2407 (2026)

Time for application. 

✓ current as of May 2026
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Time for application. 

The application for a new trial may be made before or after judgment; and must be made within the time provided by the Idaho criminal rules unless the court or judge extends the time.

Notes of Decisions
Cited in 7 cases, 1957–2020 · leading case: Herrera v. Collins, 506 U.S. 390 (1993).
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Herrera v. Collins, 506 U.S. 390 (1993). · cites it 2× “§§ 5 -5—40, 5— 5-41 (1982) (30 days, can be extended); Idaho Code § 19-2407 (Supp. 1992) (14 days, can be extended); Iowa Rule Crim.”
State v. Parrott, 57 P.3d 509 (Idaho Ct. App. 2002). · cites it 6× “See I.C. § 19-2407; I.C.R. 34. Under I.C. § 19-2407, the application for a new trial must be made within the time provided by the Idaho Criminal Rules unless the court or judge extends the time.”
State v. Freeman, 379 P.2d 632 (Idaho 1963). · cites it 4× “This motion was denied by the trial court on the grounds that it was not made within the statutory 10 day period as provided by I.C. § 19-2407. Defendants next filed notice of appeal from the judgment of conviction.”
State v. Dana Lydell Smith, 300 P.3d 1069 (Idaho Ct. App. 2013). · cites it 8× “Even if I.C. § 19-2407 were deemed to be in conflict with I.”
State v. Iverson, 310 P.2d 803 (Idaho 1957). · cites it 2× “See particularly: Application for new trial, I.C. § 19-2407; Arrest of judgment, I.C. §§ 19-2408 and 19-2409; Commutation of sentence and suspension of judgment, I.”
State v. Dempsey (Idaho Ct. App. 2020). · cites it 2× “I.C. § 19-2407(2). The value of the property taken should be determined by the market value of the property at the time and place of the crime.”
State v. Dana Lydell Smith (Idaho Ct. App. 2014). · cites it 2× “Pursuant to I.C. § 19-2407, the “application for a new trial may be made before or after judgment; and must be made within the time provided by the Idaho criminal rules unless the court or judge extends the time.”
— Idaho Code § 19-2407(2) — 1 case
State v. Dempsey (Idaho Ct. App. 2020). “I.C. § 19-2407(2). The value of the property taken should be determined by the market value of the property at the time and place of the crime.”
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