Print Version
Previous PageFile uploaded: 10/1/2020

Rule 28. Disposition after appeal.


(a)If a judgment of conviction is reversed, a new trial shall be held unlessotherwise specified by the appellate court. Pending a new trial or otherproceeding, the defendant shall be detained, or released, or otherwiserestricted as the trial court on remand determines proper. If no further trialor proceeding is to be had a defendant in custody shall be discharged, and adefendant restricted by monetary bail or otherwise shall be released fromrestriction and monetary bail exonerated and any deposit of funds or propertyrefunded to the proper person.


(b)Upon affirmance by the appellate court, the judgment or order affirmed ormodified shall be executed.


(c)Unless otherwise ordered by the trial court, within 28 days after receipt ofthe remittitur, the trial court shall notify the parties and place the matteron the calendar for review.


EffectiveOctober 1, 2020