Crucial Exams

Multistate Bar Examination Practice Question

After a jury renders a verdict in favor of the plaintiff in a federal civil case, the defendant files a motion for a new trial asserting that newly discovered evidence proves the defendant’s lack of liability. What criteria must the court evaluate to determine whether granting the motion is appropriate?

  • The evidence could not have been discovered earlier with reasonable diligence, is material to the case, and would change the trial outcome.

  • The newly discovered evidence negates one of the plaintiff's key claims and could not have been discovered before trial.

  • The evidence is material and supports the defendant's position without consideration of whether it could have been discovered earlier.

  • The evidence would make the jury's verdict legally defective.

Multistate Bar Examination
Civil Procedure
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