PrincipleCIVIL PROCEDURE – Action to Set Aside Judgment – Requirements for Adducing Fresh Evidence
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
The three-fold test from Ladd v. Marshall governs fresh evidence applications. First, unavailability despite diligence prevents parties from withholding evidence for second chances. "Reasonable diligence" is assessed objectively. Second, "important influence" sets threshold below "decisive" but above merely cumulative—evidence must be material and capable of…
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