California, United States of America
The following excerpt is from People v. Hernandez, F075658 (Cal. App. 2020):
A trial court considers the following five factors when ruling on a motion for new trial based on newly discovered evidence: (1) whether the evidence, and not merely its materiality, is newly discovered; (2) whether the evidence is cumulative; (3) whether a different result is probable on retrial; (4) whether the party could not with reasonable diligence have discovered and produced it at trial; and (5) whether these facts are shown by the best evidence. (People v. O'Malley (2016) 62 Cal.4th 944, 1016.)
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