Legal Definitions - Newly discovered evidence

Newly discovered evidence refers to information or proof that comes to light only after a trial or legal proceeding has concluded, and which could not have been found or presented during the original proceedings, even with diligent effort. For such evidence to be considered by a court, it must typically be significant enough that it could potentially change the outcome of the case.

Here are some examples illustrating this concept:

• Criminal Case - DNA Evidence: A man was convicted of a serious crime based primarily on circumstantial evidence and eyewitness testimony. Years after his conviction, advancements in forensic science allow for a re-testing of a small, previously unidentifiable biological sample found at the crime scene. The new DNA analysis conclusively points to a different individual, who was not a suspect at the time of the original trial.

  This DNA evidence is "newly discovered" because the technology to analyze it accurately did not exist or was not available during the original trial, meaning it could not have been presented then. It is also highly material, as it directly challenges the identity of the perpetrator and could lead to a new trial or exoneration.

• Civil Case - Contract Dispute: Two businesses litigated a contract dispute, and a judgment was rendered. Several months later, during an unrelated internal audit, one company discovers a forgotten digital archive containing a series of emails between the original parties that clearly show a previously agreed-upon amendment to the contract. This amendment, which was never formally signed but was acted upon by both parties, significantly alters the terms of the breach that was the subject of the lawsuit.

  These emails represent "newly discovered evidence" because they were unknown and inaccessible during the initial trial (due to being in a forgotten archive) and could not have been found through normal discovery processes. They are crucial to understanding the true contractual obligations and could potentially change the judgment.

• Civil Case - Personal Injury: A plaintiff sued for damages after a car accident, claiming severe and permanent back injuries. A jury awarded a substantial sum. A year after the verdict, a former employer of the plaintiff comes forward with medical records from five years prior to the accident, showing the plaintiff had been treated for a very similar pre-existing back condition, which was not disclosed during the trial and was unknown to the defense.

  These older medical records are "newly discovered evidence" because they were not available or discoverable by the defense during the original trial. They are material because they could significantly impact the assessment of damages, as they suggest the accident may not have been the sole cause of the plaintiff's injuries.