What is the test for a motion for a new trial on the ground of newly discovered evidence?
California, United States of America
The following excerpt is from Datta v. Fid. Nat'l Title Co., B283800 (Cal. App. 2018):
"A party moving for a new trial on the ground of newly discovered evidence must show that he could not, with reasonable diligence, have discovered or produced the evidence at the trial." (Santillan v. Roman Catholic Bishop of Fresno (2012) 202 Cal.App.4th 708, 730-731; id. at pp. 727-728 [trial court may
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