Can a motion for a new trial be granted based on purported testimony that was not presented at trial?

In its ruling, the court added that the purported statements were unsworn and not in the form of a declaration, which "sort of degrades or diminishes it as possible evidence for the purposes of considering the motion." The trial court was correct. A statutory motion for new trial based on newly discovered evidence must be supported by adequate affidavits, without which there is not a sufficient legal basis to grant the motion. (See 1181; People v. Ethridge (1962) 204 Cal.App.2d 279, 282-283.) While defendant's motion was nonstatutory, the same principle nonetheless applies where, as here, the motion was based on purported evidence not presented at trial. In that regard, defendant's motion included defendant's summarization of the purported testimony, which was itself based on the defense investigator's summary of information obtained during telephone conversations with the potential witnesses.