Rule 25.2 Motion to Vacate Judgment

Comment Rule 25.2 essentially continues practice under former Rule 10.05 of the Uniform Rules of Circuit and County Court. See also Jefferson v. State, 556 So. 2d 1016 (Miss. 1989).

The deadline established by section (b) tracks the deadline for a motion for a new trial under Rule 25.1. However, a motion to vacate judgment (unlike a motion for new trial) does not toll the time for filing a notice of appeal under Mississippi Rule of Appellate Procedure 4(e). Therefore, when a motion under Rule 25.2 has been filed but not decided at the time an appeal has been perfected, both trial and appellate courts will have jurisdiction of the case; if the

trial court then grants the Rule 25.2 motion, the appeal may be mooted. See Gardner v. State, 547 So. 2d 806 (Miss. 1989); Wilson v. State, 461 So. 2d 728 (Miss. 1984).