Perpetual Cases

April 14, 2014

  • 228 Judgment
  • 228IX Opening or Vacating
  • 228k378 k. Newly Discovered Evidence.

228 JudgmentThere can be no rule 60(b)(2) relief for evidence which has come into existence after the trial is over simply because such a procedure would allow all trials perpetual life; rather, “newly discovered evidence” means evidence in existence at the time of trial of which the movant was unaware.

Moody v. State ex rel. Payne, 344 So.2d 160 (Ala. 1977)

Suggested by Jill Bergquist, Principal Attorney Editor; Thomson Reuters; Eagan, Minn.