Sometimes after a trial is concluded, new evidence may be discovered about your case which might have exonerated you had it been presented at trial. In effect, this is a request for the judge to vacate the jurys verdict, declare the old trial null, and start over again with a new trial, complete with a new jury.
When can a judge consider newly discovered evidence?
(b) Time to File. (1) Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.
Can you bring new evidence to a trial?
You cannot simply repeat evidence given in examination-in-chief, or introduce new issues. The judge also has a discretion to allow the prosecution to lead evidence to rebut new issues raised in the defence case.
What is it called when new evidence is found?
after-discovered evidence. n. evidence found by a losing party after a trial has been completed and judgment (or criminal conviction) given, also called newly-discovered evidence. If the evidence absolutely could not have been discovered at the time of trial, it may be considered on a motion for a new trial.
Which of the following is a valid reason for a judge to set aside a verdict?
A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.
Who decides if evidence is admissible at trial?
Evidence that is formally presented before the trier of fact (i.e., the judge or jury) to consider in deciding the case. The trial court judge determines whether or not the evidence may be proffered.
Can you introduce new evidence in Supreme Court?
The Supreme Court clarified that there are no evidentiary bars other than those articulated in the Federal Rules of Evidence and the Federal Rules of Civil Procedure. However, in § 145 proceedings, the applicant can introduce new evidence.
What is new trial or reconsideration?
– At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.
Can you be charged for the same crime twice?
The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . .
What does it mean when a judge sets aside a verdict?
When a court renders a decision of another court invalid, that verdict or decision is set aside; see also annul or vacate. set aside a judgment for fraud on the court.” Set aside also means to reserve funds for a future use.