What is the test for the admissibility of new evidence at trial?
British Columbia, Canada
The following excerpt is from R. v. Pierce, 2011 BCCA 485 (CanLII):
The four-part test from Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 on the admissibility of fresh evidence is well known: the proposed evidence could not have been adduced at trial by due diligence, it is relevant to a decisive or potentially decisive issue at trial, it is credible, and, if believed, it could be expected to have affected the trial.
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