NEWLY DISCOVERED EVIDENCE
(bouvier) | 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.
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