Newly discovered evidence refers to information or proof that was not available during a trial or court proceeding but has come to light after the fact. This type of evidence could not have been found with reasonable diligence before the court made its decision. When a party loses a case, they may assert newly discovered evidence as a reason for the court to reconsider its ruling or to grant a new trial.
Newly discovered evidence is relevant in both civil and criminal cases. It allows a party who has lost a case to challenge the outcome based on new information that may affect the verdict. This process typically involves filing a motion to reopen the case or to request a new trial. Users can manage certain legal processes themselves with tools like US Legal Forms, which offers templates for motions and other legal documents.
Here are a couple of examples of abatement:
Example 1: A defendant in a criminal trial is found guilty based on witness testimony. After the trial, they discover that the witness had a history of unreliable statements. The defendant may assert this newly discovered evidence to seek a new trial.
Example 2: In a civil case, a plaintiff loses a lawsuit over a contract dispute. Later, they find emails that were not produced during discovery, showing that the defendant had misrepresented key facts. The plaintiff can use this evidence to request the court to reconsider the ruling.
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Allows for a motion for new trial based on newly discovered evidence within six months of the verdict. |
| New York | Requires that the newly discovered evidence could not have been obtained with due diligence before the trial. |
| Texas | Newly discovered evidence must be material and likely to produce a different outcome in the case. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| After-discovered evidence | Another term for newly discovered evidence. | None; they are synonymous. |
| Newly available evidence | Evidence that was previously available but not presented. | Newly available evidence may not meet the same criteria as newly discovered evidence. |
If you believe you have newly discovered evidence that could impact your case, consider the following steps:
In complex situations, it may be necessary to seek professional legal help to navigate the process effectively.
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| Attribute | Details |
|---|---|
| Typical Timeframe for Filing | Varies by state, often within a few months after the verdict. |
| Jurisdiction | Civil and criminal courts. |
| Possible Outcomes | Reconsideration of the case or a new trial. |
It is evidence that was not available during the original trial and could not have been discovered with reasonable diligence.