California, United States of America
The following excerpt is from People v. Beaudreaux, A126140 (Cal. App. 2011):
"A defendant on a motion for a new trial based on newly discovered evidence must show . . . that the evidence is in fact newly discovered; that it is not merely cumulative to other evidence bearing on the factual issue; that it must be such as to render a different result probable on a retrial; and that the moving party could not, with reasonable diligence, have discovered and produced the evidence at trial." (People v. McDaniel (1976) 16 Cal.3d 156, 178.)
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