Newly discovered evidence

NEWLY DISCOVERED EVIDENCE. That evidence which, after diligent search for it, was not discovered until after the trial of a cause.
     2. In general a new trial will be granted on the ground that new, important, and material evidence has been discovered since the trial of the cause. 2 Wash. C. C. 411. But this rule must be received with the following qualifications: 1. When the evidence is merely cumulative, it is not sufficient ground for a new trial. 1 Sumn. 451; 6 Pick. 114; 4 Halst. 228; 2 Caines, 129; 4 Wend. 579; 1 A. K. Marsh. 151; 8 John. 84; 15 John. 210; 5 Ham. 375 10 Pick. 16; 7 W. & S. 415; 11 Ohio, 147; 1 Scamm. 490; 1 Green, 177; 5 Pike, 403; 1 Ashm. 141; 2 Ashm. 69; 3 Vei in. 72; 3 A. K. Marsh. 104. 2. When the evidence is not material. 5 S. & R. 41; 1 P. A. Browne, Appx. 71; 1 A. K. Marsh. 151. 3. The evidence must be discovered after the trial, for if it be known before the verdict has been rendered, it is not newly discovered. 2 Sumn. 19; 7 Cowen, 369; 2 A. K. Marsh. 42. 4. The evidence must be such, that the party could not by due diligence have discovered it before trial. 2 Binn. 582; 1 Misso. 49; 5 Halst. 250; 1 South. 338; 7 Halst. 225; 1 Blackf. 367; 11 Con. 15; 1 Bay, 263, 491; 4 Yeates, 446; 2 Fairf. 218; 7 Metc. 478; Dudl. G. Rep. 85; 9 Shepl. 246; 14 Vern. 414, 558; 2 Ashm. 41, 69; 6 Miss. 600 2 Pike, 133 7 Yerg. 432; 6 Blackf. 496; 1 Harr. 410.

References in classic literature ?
It must be confessed that this ingenious interpretation of the dream in the light of newly discovered evidence did not wholly commend itself to the son's more logical mind; he had, for the moment at least, a conviction that it foreshadowed a more simple and immediate, if less tragic, disaster than a visit to the Pacific Coast.
I was appalled at the newly discovered evidence from ScottishPower's own files" said Mr Campbell.
Such a motion can be used to establish a manifest error of law, to account for a change in law, or to present newly discovered evidence.
Siddiqui likely would not be allowed to file another appeal except under extraordinary circumstances, such as newly discovered evidence, and might not understand the consequences of a withdrawal, the new lawyer, Robert Boyle, wrote in a letter to the judge last month.
That appeal, he said, could address any newly discovered evidence as well as any claims that Sandusky's lawyers were not effective.
Accordingly, the Investigatory Chamber has closed this matter consistent with the CAS Panel's guidance regarding newly discovered evidence.
Five years later, the presiding judge concluded an evidentiary hearing was warranted on the newly discovered evidence claim, requiring the new investigator again to locate relevant witnesses, charging $40 an hour for his services.
Combined with newly discovered evidence of historic tsunamis, the survey revealed a third of all tsunamis in the area are generated in this way.
Sapir's legal team successfully proved that such an argument was false and that there was no newly discovered evidence to over- turn the previous Arbitrazh Decision.
Collins that a prisoner facing execution with newly discovered evidence of innocence could not obtain review from federal courts without an additional underlying constitutional violation.