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.)
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