 | Colorado. Court of Appeals - Law reports, digests, etc - 1900 - 702 pages
...enumerated in the code, is newly discovered evidence, material for the party making the application, and which he could not with reasonable diligence, have discovered and produced at the trial. But the party desiring a second trial must show by his application what diligence he used in preparing... | |
 | Ohio, Moses Fleming Wilson - Criminal law - 1900 - 852 pages
...is rendered, and, except for the cause of newly-discovered evidence material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial, within three days after the verdict was rendered, unless unavoidably prevented.1 Abandonment of motion.... | |
 | Nevada - Law - 1900 - 1246 pages
...guarded against. Fourth — Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial. Fifth — Excessive damages, appearing to have been given under the influence of passion or prejudice.... | |
 | United States. War Department - 1900 - 772 pages
...appellate court if the case shall have been appealed, and must be made in writing and be supported by the affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated copies of documents which it is proposed to introduce in evidence. Within... | |
 | Puerto Rico - Session laws - 1901 - 272 pages
...arising during the course of the trial. (5.—When the verdict is contrary to law or evidence. 7.—When new evidence is discovered material to the defendant,...expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length... | |
 | Idaho - Criminal law - 1901 - 620 pages
...law arising during the course of the trial ; 6. When the verdict is contray to law or evidence; 7. When new evidence is discovered, material to the defendant...diligence, have discovered and produced at the trial ; but when a motion for a new trial is made upon this ground, the defendant must produce at the hearing,... | |
 | California, Carter Pitkin Pomeroy - Civil law - 1901 - 668 pages
...law arising during the course of the trial; 6. When the verdict is contrary to law or evidence; 7. When new evidence is discovered material to the defendant,...diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground, the defendant must produce at the hearing... | |
 | Law reports, digests, etc - 1901 - 1222 pages
...have guarded against; second, newly-discovered evidence affecting materially the substantial rights of the defendant, and which he could not, with reasonable diligence, have discovered and produced at the former hearing of this cause. Defendant, in further support of said original motion and this amendment... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 648 pages
...jury or prevailing party. . . . Seventh. Newly disco :ered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial." " § 5153. The application for a new trial must be made at the term the verdict or decision is rendered,... | |
 | William Henry Michael, William Mack, Howard Pervear Nash, Thomas Edward O'Brien, James Cockcroft - Civil procedure - 1901 - 1042 pages
...Kewly Diacovered Evidence — Genorally. — Newly discovered evidence material for the applicant, which he could not, with reasonable diligence, have discovered and produced at the trial, is made a ground for a new trial by the following statutes, to wit: Arkansas. — Sand. & H. Dig. (1894),... | |
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When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. 
