What is the test for a motion for a new trial based on newly discovered evidence?

California, United States of America


The following excerpt is from People v. Belardo, A133128 (Cal. App. 2013):

In order to prevail on a motion for a new trial based on newly discovered evidence, a defendant must show the following: (1) the evidence itself, and not simply its materiality, is newly discovered; (2) the evidence is not merely cumulative; (3) the new evidence would make probable a different result on retrial; (4) the moving party could not, with reasonable diligence, have discovered and produced the new evidence at the trial; and (5) these facts are demonstrated by the best evidence that the case admits. (People v. Dyer (1988) 45 Cal.3d 26, 50-51.)

Other Questions


What is the test for abuse of abuse of authority in denying a motion for a new trial motion based on newly discovered evidence? (California, United States of America)
What is the test for a motion for a new trial based on newly discovered evidence? (California, United States of America)
Can a motion for a new trial be granted when newly discovered evidence contradicts the strongest prosecution evidence? (California, United States of America)
What is the test for a motion for a new trial based on newly discovered evidence? (California, United States of America)
What is the test for a motion for a new trial based on newly discovered evidence? (California, United States of America)
What is abuse of the denial of a new trial motion based on newly discovered evidence? (California, United States of America)
What is the test for a motion for a new trial based on newly discovered evidence? (California, United States of America)
What is the test for a motion for a new trial based on newly discovered evidence? (California, United States of America)
What is the test for a motion for a new trial based on newly discovered evidence? (California, United States of America)
What is the test for granting a motion for a new trial based on newly discovered evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.