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Flashcards — Multiple Choice

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Essay Multiple Choice

Question Source

All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

A party seeks a new trial using records it possessed at trial but deliberately chose not to present. It invokes the newly-discovered-evidence ground without another justification. Which is strongest?

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Any unused evidence is newly discovered Deliberate nonpresentation does not establish inability to discover and produce the records with reasonable diligence Changing strategy establishes diligence No materiality requirement exists The En Banc must accept every omitted record

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