Newly Discovered Evidence

That evidence which, after diligent search for it, was not discovered until after the trial of a cause.

In general a new trial will be granted on the ground that new, important, and material evidence has been discovered since the trial of the cause. But this rule must be received with the following qualifications: 1. When the evidence is merely cumulative, it is not sufficient ground for a new trial. 2. When the evidence is not material. 3. The evidence must be discovered after the trial, for if it be known before the verdict has been rendered it is not newly discovered. 4. The evidence must be such that the party could not by due diligence have discovered it before trial.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.