California, United States of America
The following excerpt is from People v. Melson, B292679 (Cal. App. 2020):
" ' "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; and 5. That these facts be shown by the best evidence of which the case admits." ' " ' [Citation.]" (People v. O'Malley, supra, 62 Cal.4th at pp. 1016-1017.)
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