This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Georgia Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence
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How to fill out Affidavit Of Attorney In Support Of Motion To Set Aside Submission And Reopen Case Based On Newly Discovered Evidence?
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FAQ
Penal Code section 1181 governs motions for a new trial based on newly discovered evidence.
After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial. Courts employ a four-part test in determining whether to grant a new trial on this basis.
Namely, courts consider whether the new evidence: (1) could not have been have obtained prior to the conclusion of the trial by the exercise of reasonable diligence; (2) is not merely corroborative or cumulative; (3) will not be used solely to impeach the credibility of a witness; and (4) would likely result in a ...
§ 10974. Allegations of Newly Discovered Evidence and Fraud. (e) As to newly discovered evidence, a full and accurate statement of the reasons why the testimony or exhibits could not reasonably have been discovered or produced before submission of the case.
Examples of such newly discovered evidence include: A witness who testified against the defendant at trial later recants that testimony. A witness comes forward after the trial whom the defense did not previously know about. A witness whom the defense had been unable to locate is found.
Evidence - something that can prove or disprove a fact. Newly discovered evidence is not admissible on a direct appeal. The U.S. District Court is the trial court in the federal system. In a criminal, the judge can set aside the verdict if the jury voted to convict but not if they voted to acquit.
Any evidence that is significant to your case and that could not have been reasonably found earlier may be considered newly discovered evidence. Some examples of newly discovered evidence include: A witness recanting or changing his or her testimony. Someone else admitting to the crime.
Newly discovered evidence, or after-discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial.