What is the test for disclosing material evidence in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Garcia, 963 F.2d 380 (9th Cir. 1992):
The evidence was not material to the defense. Evidence is material "only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." United States v. Bagley, 473 U.S. 667, 682 (1985). A "reasonable probability" is one that is "sufficient to undermine confidence in the outcome." Id.
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