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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for damages for breach of a written contract for the supply of specialized industrial software equipment, Plaintiff AlphaTech obtained a final judgment against Defendant SigmaTech. Several weeks after judgment, AlphaTech discovers (i) a post-trial forensic software performance report dated after trial showing that the delivered software failed to meet the contract’s performance standards, and (ii) a post-trial internal email from SigmaTech’s head of product development dated after trial acknowledging that SigmaTech knew the software did not conform and concealed this to win the contract. AlphaTech 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.

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