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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for damages for breach of contract, final judgment is entered in favor of the defendant D. After notice, plaintiff P moves for a new trial under Rule 121 on the ground of newly discovered evidence: a sworn affidavit from a former project manager who participated in negotiations, now testifying that a side agreement limiting liability existed, evidenced by a marginal note in the contract files. The note and the affidavit could not have been discovered with due diligence before or during trial; The trial court denies the motion. (a) Identify the controlling remedy and the precise grounds under Rule 121 applicable to this situation. (b) Distinguish between a motion for new trial and a motion for reconsideration, and explain which is proper under the facts and why. (c) Apply the elements to the facts and determine whether the motion should be granted, and if granted, what would be the effect on the judgment.

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Clara

Hello