What is the state of the law in the context of discovery of new evidence in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Davis, 960 F.2d 820 (9th Cir. 1992):
(1) the evidence is newly discovered and was unknown to [them] at the time of trial, (2) the evidence is material, not merely cumulative or impeaching, (3) the evidence will probably produce an acquittal, and (4) failure to learn of the evidence sooner was not due to a lack of diligence.
United States v. Walgren, 885 F.2d 1417, 1428 (9th Cir.1989).
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