Does an affidavit that was made after the statutory period of limitation apply to a motion for a new trial?
California, United States of America
The following excerpt is from Kabran v. Sharp Mem'l Hosp., 2 Cal.5th 330, 212 Cal.Rptr.3d 361, 386 P.3d 1159 (Cal. 2017):
question. In Hicks v. Ocean Shore Railroad, Inc. (1941) 18 Cal.2d 773, 117 P.2d 850, we affirmed the denial of a new trial, explaining that an affidavit filed after the statutory period did "not properly constitute a part of the record" and need not have been considered by the trial court. (
[386 P.3d 1165]
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