What is the test for a motion to have a retrial of a claim brought by a defendant who failed to produce the proper evidence at trial?

California, United States of America

The following excerpt is from People v. Horace, A150748 (Cal. App. 2019):

it be such as to render a different result probable on a retrial of the cause; 4. That the party could not with reasonable diligence have discovered and produced it at the trial; and 5. That these facts be shown by the best evidence of which the case admits.' . . . [] 'Applications on this ground are addressed to the discretion of the court below, and the action of the court below will not be disturbed except for an abuse of discretion. . . .' " [Citations.]' ' "[I]n determining whether there has been a proper exercise of discretion on such [a] motion, each case must be judged from its own factual background." ' " (People v. Cua (2011) 191 Cal.App.4th 582, 608 (Cua).)

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