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.
1-126-1) (5 pages) (sixth motion for a new trial; defendants claim that the judge abused his discretion in denying the defendant's motion because newly discovered evidence specifically, a building permit application demonstrating that the addition to the defendant's house, where the victim testified he first sexually assaulted her, had not been completed at the time casts real doubt on his convictions) (No.
On appeal, Miller seeks reversal of the judgment of conviction arguing that the circuit court erred by admitting other acts evidence, and that the post-conviction court erred by denying Millers motion for a new trial based on newly discovered evidence.
Moreover, the petitioner failed to show that the records were newly discovered evidence unavailable at the time of the hearing, and could not have been obtained in the exercise of due diligence (see Matter of Morrissey v Sobol, 176 AD2d 1147).
56) Where they are allowed, extraordinary motions for new trial are usually granted by alleging that newly discovered evidence demands a new trial.
11) To provide redress for a defendant with newly discovered evidence that casts doubt on her conviction, the court outlined a legal claim for relief in People v.
Olalia said the Filipino-Indonesian team was waiting for the Philippine Embassy to give them a copy of an affidavit that would be used as newly discovered evidence to bolster their appeal.
In short, JASE's newly discovered evidence proffered in its motion for reconsideration was not material evidence nor evidence that would have probably changed the outcome of the district court's decision.
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.