Rule 41.2.Status Conference and Transcript Preparation
Rule 41. MOTIONS FOR NEW TRIAL · Last amended 2019 · Last verified July 17, 2026
Full Text of Rule 41.2
Plain-English Summary
Rule 41.2 tackles a familiar problem in criminal appeals: cases that stall for months or years because nobody is pushing the transcript and record forward. It answers that problem with a built-in check-in schedule. Within 120 days of sentencing, the court must hold a status conference — which can happen by phone or video — where counsel for both the state and the defendant confirm that the defendant has appellate counsel, that the transcript has been ordered, and who is holding the trial exhibits.
The rule backs that check-in with a deadline. If the court reporter has not filed the transcript within those same 120 days, the court must issue a show cause notice asking the reporter to explain the delay, and it can impose conditions to get the transcript moving. From there, the court keeps checking in roughly every 180 days, by phone or video unless it orders otherwise, until the motion for new trial is finally heard.
Every conference has to leave a record — either transcribed by a court reporter or memorialized in a written order if none is available — so there is a paper trail showing the case has not been forgotten. The rule places responsibility for tracking all this on the court itself, and it tells judges to give priority to the cases that have been sitting the longest.
Frequently Asked Questions
When must the first status conference on a motion for new trial be held?
The court must schedule it not later than 120 days after sentencing.
What happens if the court reporter has not filed the transcript within 120 days of sentencing?
The court must issue a show cause notice to the court reporter requiring reasons for the delay, and the court may impose conditions to ensure the transcript is completed in a timely manner.
How often are status conferences held after the first one?
The court schedules them approximately every 180 days after the first conference until the motion for new trial is heard.
Can status conferences be held by phone or video?
Yes, any status conference may be conducted telephonically or electronically at the discretion of the court, and subsequent conferences are held that way unless the court orders otherwise.
How does the court decide which pending motions get priority?
Priority should ordinarily be given to cases pending the longest, and the court is responsible for monitoring the progress of each case.
Amendment History
Amended effective January 1, 2019.