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What is an Arrest of Judgment?

Updated on December 4, 2016

Arrest of Judgement, in law, is the act of staying a judgment or refusing to enter it because of some defect in the record of the case. The procedure is employed in both civil and criminal cases. It amounts to a setting aside of the verdict for some reason apparent on the face of the record that would render a judgment on the verdict, if given, erroneous or reversible.

In a criminal case, a motion in arrest of judgment may be filed by a defendant after a verdict of guilty, as a means of challenging the legal sufficiency of the indictment or information on which the verdict was based. An arrest of judgment is granted if the court finds that the indictment did not state facts constituting a criminal offense or was deficient for some other reason. In a civil case, a motion in arrest of judgment similarly challenges the legal sufficiency of the pleadings or of some other part of the record.

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