Newly-discovered Evidence

Newly-discovered Evidence in United States

Newly-discovered Evidence Definition

Proof of some new material fact in a case, ascertained since the decision. To constitute such newly-discovered evidence as is ground for a new trial, the evidence must be new and material, not merely impeaching (125 111. 122; 24 Pick. [Mass.] 246; 67 Barb. [N. Y.] 411; 36 Minn. 323), nor cumulative (20 Conn. 306; 43 Barb. [N. Y.] 203). It must have been discovered since the former trial (39 Me. 263; 37 How. Pr. [N. Y.] 524), and reasonable diligence must have been used, without success, to discover it in time for the trial (113 111. 82; 34 Minn. 351; 35 Hun [N. Y.] 95).

Newly-discovered Evidence in Foreign Legal Encyclopedias

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Newly-discovered Evidence Newly-discovered Evidence in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

Proof of some new material fact in a case, ascertained since the decision. To constitute such newly-discovered evidence as is ground for a new trial, the evidence must be new and material, not merely impeaching (125 111. 122; 24 Pick. [Mass.] 246; 67 Barb. [N. Y.] 411; 36 Minn. 323), nor cumulative (20 Conn. 306; 43 Barb. [N. Y.] 203). It must have been discovered since the former trial (39 Me. 263; 37 How. Pr. [N. Y.] 524), and reasonable diligence must have been used, without success, to discover it in time for the trial (113 111. 82; 34 Minn. 351; 35 Hun [N. Y.] 95).

Notice

This definition of Newly-discovered Evidence is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Newly Discovered Evidence (Relief From Judgment)

This section introduces, discusses and describes the basics of newly discovered evidence. Then, cross references and a brief overview about Relief From Judgment is provided. Finally, the subject of Judgments in relation with newly discovered evidence is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.


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