ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/116-1 (2026)

Motion for new trial

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(725 ILCS 5/116-1) (from Ch. 38, par. 116-1)
    Sec. 116-1. Motion for new trial.
    (a) Following a verdict or finding of guilty the court may grant the defendant a new trial.
    (b) A written motion for a new trial shall be filed by the defendant within 30 days following the entry of a finding or the return of a verdict. Reasonable notice of the motion shall be served upon the State.
    (c) The motion for a new trial shall specify the grounds therefor.
(Source: Laws 1963, p. 2836.)

    
Notes of Decisions
Cited in 84 cases (27 in the last 5 years), 1993–2026 · leading case: People v. Patrick, 2011 IL 111666 (Ill. 2011).
Sort: Relevance Newest Treatment
People v. Patrick, 2011 IL 111666 (Ill. 2011). · cites it 2× “OPINION ¶1 The issue in this appeal is whether the trial court erred in refusing to consider the defendant’s pro se posttrial motions alleging ineffective assistance of counsel because those motions were not timely filed under section 116-1(b) of the Code of Criminal Procedure…”
People v. Patrick, 960 N.E.2d 1114 (Ill. 2011). · cites it 3× “" 725 ILCS 5/116-1 (West 2006). The plain language of section 116-1(b), therefore, requires a motion for a new trial to be written and filed within 30 days after entry of a guilty finding or verdict.”
People v. Segoviano, 725 N.E.2d 1275 (Ill. 2000). · cites it 2× “The State argues that the first two issues defendant raises on cross-appeal should be rejected on the basis of waiver.”
People v. Bell, 2018 IL App (4th) 151016 (Ill. App. Ct. 2018). “2d 1114 , the supreme court rejected the State's argument suggesting section 116-1(b) of the Code of Criminal Procedure ( 725 ILCS 5/116-1(b) (West 2006) ) required defendants to file a pro se motion raising a claim of ineffective assistance within 30 days after the entry of the…”
People v. Abdullah, 2019 IL 123492 (Ill. 2019). “Article 116, titled “Post-Trial Motions,” includes defense motions seeking a new trial (725 ILCS 5/116-1 (West 2004)), defense motions in arrest of judgment (725 ILCS 5/116-2 (West 2004)), defense motions to vacate prostitution convictions for sex trafficking victims (725 ILCS…”
People v. Cosby, 898 N.E.2d 603 (Ill. 2008). “This long-standing rule is consistent with section 116-1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-1 (West 2006) (governing procedure for filing motion for new trial)) and serves the purpose of allowing the trial court "`the opportunity to grant a new trial, if…”
People v. Carter, 2022 IL App (1st) 210261 (Ill. App. Ct. 2022). · cites it 2× “” Notably, that motion states that it is presented pursuant to section 116-1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-1 (West 2020)), which specifically provides for a motion for a new trial and not a motion for JNOV.”
People v. Ballard, 794 N.E.2d 788 (Ill. 2002). “Due to seeing exactly where the burglar had traveled throughout her home, Trone testified to having an eerie feeling.”
People v. Keene, 660 N.E.2d 901 (Ill. 1995). “The State argues that "plain error," which it says is the means to reach the issue's merits, is not satisfied by the circumstances of the case.”
People v. Williams, 739 N.E.2d 455 (Ill. 2000). “The State contends that we may not consider defendant's plain error argument because defendant raised it for the first time in her reply brief, and, under Supreme Court Rule 341(e)(7), "[p]oints not argued are waived and shall not be raised in the reply brief.”
People v. Woodard, 677 N.E.2d 935 (Ill. 1997). “See 725 ILCS 5/122-1 (West 1994) (post-conviction, generally, must be filed within three years from date of conviction); 725 ILCS 5/116-1(b) (West 1994) (written motion for new trial must be filed within 30 days from entry of judgment); 730 ILCS 5/5-8-1(c) (West 1994) (a timely…”
People v. Washington, 665 N.E.2d 1330 (Ill. 1996). “725 ILCS 5/116-1 (West 1994). If the defendant discovers the evidence too late to satisfy the preceding time limit, relief may be available under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1994)).”
Show all 84 citing cases →
— 725 ILCS 5/116-1(a) — 2 cases
People v. Carter, 2022 IL App (1st) 210261 (Ill. App. Ct. 2022). “” Notably, that motion states that it is presented pursuant to section 116-1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-1 (West 2020)), which specifically provides for a motion for a new trial and not a motion for JNOV.”
People v. Jenkins, 2023 IL App (5th) 210085 (Ill. App. Ct. 2023).
— 725 ILCS 5/116-1(b) — 41 cases
People v. Patrick, 2011 IL 111666 (Ill. 2011). “OPINION ¶1 The issue in this appeal is whether the trial court erred in refusing to consider the defendant’s pro se posttrial motions alleging ineffective assistance of counsel because those motions were not timely filed under section 116-1(b) of the Code of Criminal Procedure…”
People v. Segoviano, 725 N.E.2d 1275 (Ill. 2000). “The State argues that the first two issues defendant raises on cross-appeal should be rejected on the basis of waiver.”
People v. Bell, 2018 IL App (4th) 151016 (Ill. App. Ct. 2018). “2d 1114 , the supreme court rejected the State's argument suggesting section 116-1(b) of the Code of Criminal Procedure ( 725 ILCS 5/116-1(b) (West 2006) ) required defendants to file a pro se motion raising a claim of ineffective assistance within 30 days after the entry of the…”
People v. Patrick, 960 N.E.2d 1114 (Ill. 2011). “" 725 ILCS 5/116-1 (West 2006). The plain language of section 116-1(b), therefore, requires a motion for a new trial to be written and filed within 30 days after entry of a guilty finding or verdict.”
People v. Woodard, 677 N.E.2d 935 (Ill. 1997). “See 725 ILCS 5/122-1 (West 1994) (post-conviction, generally, must be filed within three years from date of conviction); 725 ILCS 5/116-1(b) (West 1994) (written motion for new trial must be filed within 30 days from entry of judgment); 730 ILCS 5/5-8-1(c) (West 1994) (a timely…”
— 725 ILCS 5/116-1(c) — 6 cases
People v. Williams, 739 N.E.2d 455 (Ill. 2000). “The State contends that we may not consider defendant's plain error argument because defendant raised it for the first time in her reply brief, and, under Supreme Court Rule 341(e)(7), "[p]oints not argued are waived and shall not be raised in the reply brief.”
People v. Hill, 2023 IL App (1st) 150396 (Ill. App. Ct. 2023).
People v. Borders, 2022 IL App (1st) 182605-U (Ill. App. Ct. 2022).
People v. Gutierrez-Rodriguez, 2026 IL App (2d) 250133-U (Ill. App. Ct. 2026).
People v. McPike, 2023 IL App (5th) 220007, 2023 IL App (5th) 220007 (Ill. App. Ct. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.