Legal Question in Civil Litigation in California
In a California Civil case, if the trial is over and a final Statement of Decision was written BUT the judgement is not entered and there's a future clarification/reconsideration hearing scheduled, can new evidence that was not attainable during trial be admitted? What are some tricks to legally force a judge into considering the evidence?
2 Answers from Attorneys
There are no "tricks" here.
The typical procedure when you have new evidence is to seek a new trial pursuant to California Code of Civil Procedure Section 657(4). Your papers must comply with all the requirements for a motion for new trial, including but not limited to the provisions of CCP Section 659.
"Tricks?" This is not a magic show. I agree with Mr. Perry. The proper motion is a motion for a new trial. Please be advised that there are strict timelines that govern these, and they are jurisdictional in nature.
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