After-discovered evidence
Definition
In a civil or criminal case, evidence that existed at the time of a motion or trial but that could not have been discovered with reasonable diligence prior to a court ruling upon the motion or the trial's completion. Upon later discovery, a losing party may assert after-discovered evidence, a.k.a. newly discovered evidence, as grounds for a court to reconsider a motion or order a new trial.
Illustrative caselaw
See, e.g. Holland v. Jackson, 542 U.S. 649 (2004).
See also
Definition from Nolo’s Plain-English Law Dictionary
Evidence found by a losing party in a civil or criminal case after a motion has been ruled upon or trial has been completed. To convince the judge to reopen the matter, the losing party must prove that the evidence absolutely could not have been discovered earlier. Also called newly discovered evidence. (See: writ of coram nobis)
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm
