Can a motion for a new trial be denied based on inconsistent testimony?
MultiRegion, United States of America
The following excerpt is from Barlow v. American Tel. & Tel. Co., 935 F.2d 273 (9th Cir. 1991):
The district court did not hold perjury is an insufficient grounds for a new trial. The court simply found no evidence of perjury in appellant's motion, and because merely inconsistent testimony is not adequate grounds for a new trial, it made the Rule 11 award. Order on Costs and Sanctions at 2-3; see also Bulgo v. Munoz, 863 F.2d 710, 714 (9th Cir.1988) (rejection of motion for new trial based on conflicting testimony).
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