A motion for a new trial is timely filed in a non-record municipal court if it is mailed on or before the date it was due and received by the clerk on or before the 10th business day that it was due to be filed.

• A. True
• B. False
• C. Only if accompanied by a fee
• D. It must be filed in person

Answer: (A)

In this kind of filing, timeliness can be achieved by mailing the document by the due date and having it received by the clerk within a set period after that date. Here, the rule is that a motion for a new trial is timely if it is mailed on or before the due date and the clerk actually receives it on or before the 10th business day after that due date. This means both conditions must be met: the mailing date is no later than the due date, and the clerk’s receipt occurs within the 10 business days following. There’s no requirement that a fee accompany the filing for it to be timely, and it doesn’t have to be filed in person. So the statement is true.