California, United States of America
The following excerpt is from Rojas v. Romero, F053995 (Cal. App. 1/28/2009), F053995 (Cal. App. 2009):
Defendants moved for a new trial, asserting, among other things, that plaintiff failed to disclose the assignment of the hospital's bill in his discovery responses, which prevented defendants from learning of it or presenting evidence of it at trial. Apparently, defendants' theory was that the assignment constituted newly discovered evidence. (Code Civ. Proc., 657, subd. (4).) The essential elements of a motion for new trial based on a claim of newly discovered evidence are: "(1) that the evidence is newly discovered; (2) that reasonable diligence has been exercised in its discovery and production; and (3) that the evidence is material to the movant's case." (Horowitz v. Noble (1978) 79 Cal.App.3d 120, 137.) The evidence must be material in the sense that it is likely to produce a different result. (Id. at p. 138.) The trial court's decision on a motion for new trial will not be disturbed on appeal unless an abuse of discretion is clearly shown. (Id. at p. 138.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.