§ 12-653. Time of application.

A.  Unless unavoidably prevented, an application for a new trial by motion, if made, must be filed not later than ten (10) days after the judgment, decree or appealable order prepared in conformance with Section 696.3 of this title has been filed.  More than ten (10) days after the judgment, decree, or appealable order which conforms with Section 696.3 of this title has been filed, an application for a new trial by petition may be filed in conformance with the provisions of Section 655 of this title.

B.  If the moving party did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the motion for new trial may be filed no later than ten (10) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the moving party.

C.  A motion for new trial filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree.

R.L. 1910, § 5035.  Amended by Laws 1953, p. 54, § 1; Laws 1990, c. 251, § 10, eff. Jan. 1, 1991; Laws 1991, c. 251, § 5, eff. June 1, 1991; Laws 1993, c. 351, § 8, eff. Oct. 1, 1993; Laws 1994, c. 343, § 1, eff. Sept. 1, 1994; Laws 1997, c. 102, § 1, eff. May 1, 1997; Laws 1999, c. 293, § 4, eff. Nov. 1, 1999.