What is material evidence in a civil case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Giese, 925 F.2d 1471 (9th Cir. 1991):

The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A "reasonable probability" is a probability sufficient to undermine confidence in the outcome.

United States v. Bagley, 473 U.S. 667, 682 (1985).

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