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Question
In a civil action for damages arising from a construction project, final judgment is entered in favor of the defendant contractor. After notice, the plaintiff moves for a new trial under Rule 121 on the ground of newly discovered evidence: a sworn affidavit from a former quality-control supervisor who participated in the project, now testifying that a pivotal post-construction testing report existed and showed non-compliance, and that the report and its underlying data 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.