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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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After a civil action for damages for breach of a written contract between Plaintiff Lira Corp. and Defendant TechCo Philippines, the trial court rendered a final judgment in favor of Lira. Several weeks after judgment, Lira moves for a new trial under Rule 37 on the ground of newly discovered evidence. The evidence consists of: (i) a signed memo by TechCo's former procurement manager dated after trial stating that TechCo had received defective goods and knew of the defect before trial but did not disclose it; (ii) a bank transfer record showing a payment to a supplier for replacement parts relevant to the contract’s performance that were not supplied and that TechCo concealed. The trial court denies the motion. (a)Identify the controlling doctrine 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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