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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action for damages arising from breach of a contract for the supply and installation of a municipal wastewater treatment plant’s filtration system, Plaintiff obtained a final judgment in his favor. Several weeks after judgment, Plaintiff discovers (i) a post-trial independent laboratory report dated after judgment indicating serious nonconformity of the membranes supplied by Defendant, and (ii) an internal email from Defendant’s former quality‑control manager dated after judgment admitting that Defendant knew of the defect before trial and concealed it to win the contract. Plaintiff moves for a new trial under Rule 37 on the ground of newly discovered evidence. The trial court denies the motion. (a) Identify the doctrine governing the motion and the ground relied on. (b) State the conditions that must be proven for a valid grant of a new trial under Rule 37. (c) Apply the doctrine to the facts and decide whether a new trial should be granted, noting any limitations or alternative remedies.

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Relief from judgment due to extrinsic fraud or false evidence; the movant must prove that the judgment was obtained by fraud or concealment of material facts, and the remedy is relief from judgment rather than a new trial. A motion for new trial under Rule 37 based on newly discovered evidence; the movant must show (i) evidence discovered after judgment, (ii) due diligence, (iii) materiality, (iv) not previously discoverable, and (v) that the evidence would probably have altered the outcome. A separate action to annul or set aside the judgment on grounds other than those raised in the Rule 37 motion; the remedy is a distinct proceeding addressing the judgment itself. A motion for reconsideration based on misapprehension of the evidence; the movant must show that the court misunderstood the facts or the law as applied to them.

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