California, United States of America
The following excerpt is from People v. Warren, C067036 (Cal. App. 2013):
"A continuance in a criminal case may be granted only for good cause. ( 1050, subd. (e).) Whether good cause exists is a question for the trial court's discretion. [Citation.]" (People v. Doolin (2009) 45 Cal.4th 390, 450, citing People v. Jenkins (2000) 22 Cal.4th 900, 1037.) Upon application of a defendant, the trial court may grant a new trial "[w]hen new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial." ( 1181, subd. 8.) "In ruling on a motion for new trial based on newly discovered evidence, the trial court considers the following factors: ' "1. That the evidence, and not merely its materiality, be newly discovered; 2. That the evidence be not cumulative merely; 3. That it be such as to render a different result probable on a retrial of the cause; 4. That the party could not with reasonable diligence have discovered and produced it at the trial;
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