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

California, United States of America


The following excerpt is from Des Metals, Inc. v. Lee, B264222 (Cal. App. 2017):

Appellants contend the trial court abused its discretion in denying their motion for a new trial based on the "newly discovered evidence" that Lopez was now available and willing to testify. We review the denial of a new trial motion based on new evidence for abuse of discretion. (Shiffer v. CBS Corp. (2015) 240 Cal.App.4th 246, 255.)

A trial court may grant a new trial based on "[n]ewly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial." (Code Civ. Proc., 657, subd. (4).) "'The essential elements which must be established are (1) . . . the evidence is newly discovered; (2) . . . reasonable diligence has been exercised in its discovery and production; and (3) . . . the evidence is material to the movant's case.'

Page 12

[Citation.]" (Sherman v. Kinetic Concepts, Inc. (1998) 67 Cal.App.4th 1152, 1161. Appellants did not establish the first two elements.

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)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
What is the test for denying 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 denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (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 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.