Crucial Exams

Multistate Bar Examination Practice Question

A plaintiff sued a defendant in federal court for breach of contract. After a bench trial, the court ruled in favor of the defendant, finding insufficient evidence to support the plaintiff's claims. Shortly after the judgment, the plaintiff discovered a new witness who claims to have direct knowledge of the contract's existence. The plaintiff promptly filed a motion for a new trial, arguing that the new witness’s testimony is vital to the case. Should the court grant the motion for a new trial?

  • Yes, because the new evidence is important and directly relates to the core issue in the case.

  • No, because the plaintiff has not shown that the new evidence could not have been discovered with reasonable diligence before the trial.

  • No, because the plaintiff lost the case after failing to present sufficient evidence during trial.

  • Yes, because the discovery of a new witness demonstrates that justice requires a reconsideration of the case.

Multistate Bar Examination
Civil Procedure
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