Skip to main content
· 10/31/2005

Eberhart v. United States

Citations

  • 546 U.S. 12
  • 126 S. Ct. 403
  • 163 L. Ed. 2d 14
  • 2005 U.S. LEXIS 8201

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Federal Rule of Criminal Procedure 33(a), which parallels Bankruptcy Rule 4004, is a claims-processing rule subject to waiver or forfeiture
  • ruling that the government forfeits its defense of untimeliness if it fails to raise the defense before the district court reaches the merits of the Rule 33 motion
  • holding that the time limit and extension requirements set forth in Federal Rules of Criminal Procedure 33 and 45 are claim-processing rules and nonjurisdictional
  • ruling that the government forfeits its defense of untimeliness if it fails to raise the defense before the district court reaches the merits of the Rule 33 motion
  • holding that the time limit to move for a new trial under Federal Rule of Criminal Procedure 33(b)(2) is claim-processing rule forfeited by government's failure to timely raise it
  • holding that time limits set out in Federal Rules of Criminal Procedure 33 and 45 are nonjurisdictional claim-processing rules

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.