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Question
In a civil action for damages, final judgment is entered in favor of the plaintiff P. After notice, the defendant D moves for a new trial under Rule 121 on the ground of extrinsic fraud: an email thread and contemporaneous notes from P’s counsel are produced, showing that pivotal witnesses were coached and that a previously undisclosed settlement contemporaneous with the trial would bar liability. The materials were not available prior to trial despite due diligence. The trial court denies the motion. (a) Identify the controlling remedy and the precise grounds under Rule 121 applicable to this situation. (b) Distinguish between a motion for new trial and a motion for reconsideration, and explain which is proper under the facts and why. (c) Apply the elements to the facts and determine whether the motion should be granted, and if granted, what would be the effect on the judgment.