Louisiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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US-02766BG
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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.

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  • Preview 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.

Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

The Federal Rules of Evidence are a set of rules that governs the introduction of evidence at civil and criminal trials in United States federal trial courts. The current rules were initially passed by Congress in 1975, after several years of drafting by the Supreme Court.

Ingly the amendment of Rule 59(b) eliminates the ?except? clause and its specific treatment of newly discovered evidence as a ground for a motion for new trial. This ground remains, however, as a basis for a motion for new trial served not later than 10 days after the entry of judgment. See also Rule 60(b).

Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.

Under Rule 59(e), the district court may alter or amend a judgment if the moving party presents newly discovered evidence, or establishes that the court committed clear error or made an initial decision that was manifestly unjust, or that there has been an intervening change in controlling law.

701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment.

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Louisiana Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence