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.
Based on our review, it appears that Blake's arguments can be narrowed into three general claims: (1) ineffective assistance of counsel, (2) newly discovered evidence, and (3) the circuit court's error in denying his WIS.
The original bill expressly named marijuana and paraphernalia possession convictions, but it was amended to address past convictions in which newly discovered evidence made a prosecutor doubt the integrity of a conviction.
He added that the admissions made by the Office of the Solicitor General are "tantamount to newly discovered evidence."
Judge Heidi Schellhas reiterated that "property settlements are final and may be modified only upon a showing of fraud, mistake, newly discovered evidence or other extraordinary circumstances."
One requirement for granting a writ is that the newly discovered evidence "is material, and when considered with all of the other evidence in the current record, will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt." To be "material," the evidence must be true.
Where defendant sought reconsideration of an order denying attorney-client and work-product protection to documents in hands of a third-party consultant, the motion is denied because defendant cannot demonstrate either that newly discovered evidence has come to light or that the court committed a manifest error of law.
'They are not newly discovered evidence since those statements could have been taken and submitted early on,' the ombudsman said.
The latest motion is based on "grounds of newly discovered evidence, ineffective assistance of counsel, and actual innocence," according to the Fourth Department's decision released May 4.<br />"We conclude that County Court erred in summarily denying the motion and that defendant is entitled to a hearing with respect to his claims of ineffective assistance of counsel and actual innocence," the panel wrote.<br />"Mr.
Newly discovered evidence suggests that a 4K Chromebook is&nbsp;in the works.
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).