Flashcards Studio

In a civil action for damages for breach of a written contract for the supply of high-precision laboratory instruments, Plaintiff obtained a final judgment in his favor. Several weeks after judgment, Plaintiff obtains (i) a post-trial laboratory report dated after trial confirming that the goods delivered did not conform to the contract specifications, and (ii) an internal email from the Defendant's former procurement manager dated after trial admitting that Defendant knew of the defect before trial and concealed it to win the contract. Plaintiff moves for a new trial under Rule 37 on the ground of newly discovered evidence. The trial court denies the motion. (a) Identify the doctrine governing the motion and the ground relied on. (b) State the conditions that must be proven for a valid grant of a new trial under Rule 37. (c) Apply the doctrine to the facts and decide whether a new trial should be granted, noting any limitations or alternative remedies.