A motion to reopen case based on new evidence

A motion to reopen a case based on new evidence is a legal request made by a party to a lawsuit to allow new evidence to be introduced into the case, even after the case has been closed or a final judgment has been entered. This type of motion is often used when new evidence becomes available that was not previously known or discoverable, and it is believed that this new evidence could potentially change the outcome of the case.

Here are the general steps involved in filing a motion to reopen a case based on new evidence:

1. Identify the new evidence: The party seeking to reopen the case must identify the new evidence that they believe is relevant to the case and that was not previously known or discoverable.
2. Determine the grounds for reopening: The party must determine the grounds for reopening the case, such as newly discovered evidence, fraud, or mistake.
3. File the motion: The party must file a motion to reopen the case with the court, along with supporting documentation and evidence.
4. Serve the opposing party: The party must serve the opposing party with a copy of the motion and supporting documentation.
5. Opposing party's response: The opposing party may file a response to the motion, arguing against reopening the case.
6. Court's decision: The court will review the motion and make a decision on whether to reopen the case. If the court grants the motion, the case will be reopened and the parties will have the opportunity to present new evidence and arguments.

Some common types of new evidence that may be used to support a motion to reopen a case include:

• New witness testimony
• New documents or records
• New scientific or expert evidence
• New evidence of fraud or misconduct
• New evidence that was previously unavailable due to circumstances beyond the party's control

Some common grounds for reopening a case include:

• Newly discovered evidence: This is evidence that was not previously known or discoverable, and that could potentially change the outcome of the case.
• Fraud: This is evidence that the opposing party engaged in fraudulent conduct during the case, and that the fraud was not previously known or discoverable.
• Mistake: This is evidence that the court made a mistake in its previous decision, and that the mistake was not previously known or discoverable.
• Change in law: This is evidence that there has been a change in the law that affects the outcome of the case, and that the change was not previously known or discoverable.

It's important to note that the decision to reopen a case is within the discretion of the court, and the court may deny the motion even if the new evidence is significant. The court will consider factors such as the timing of the new evidence, the potential impact of the new evidence on the outcome of the case, and the fairness of reopening the case.