Print Version
Previous PageFile uploaded: 1/24/2019

Rule 28. Dispositionafter appeal.


(a) If a judgment ofconviction is reversed, a new trial shall be held unless otherwise specified bythe appellate court. Pending a new trial or other proceeding, the defendantshall be detained, or released upon bail, or otherwise restricted as the trial courton remand determines proper. If no further trial or proceeding is to be had adefendant in custody shall be discharged, and a defendant restricted by bail orotherwise shall be released from restriction and bail exonerated and anydeposit of funds or property refunded to the proper person.


(b) Upon affirmance bythe appellate court, the judgment or order affirmed or modified shall beexecuted.


(c) Unless otherwiseordered by the trial court, within 28 days after receipt of the remittitur, thetrial court shall notify the parties and place the matter on the calendar forreview.



Effective November 1,2015