Louisiana Civil Procedure Bar Practice Exam - Practice Test & Prep

To successfully obtain a new trial based on newly discovered evidence, it is essential that the evidence has come to light after the trial concluded and that the party seeking the new trial exercised due diligence in discovering this evidence. This means that the party must demonstrate that they were unable to discover this evidence prior to the original trial despite making reasonable efforts to do so. This requirement is in place to ensure that the party is not simply presenting evidence that they could have discovered before the trial, which would not warrant a new trial since it suggests a lack of diligence.

Furthermore, the evidence must not only be newly discovered but also must be relevant and capable of influencing the trial's outcome. This underscores the importance of the diligence exercised, as it indicates that there was no evasiveness or negligence in attempting to gather evidence. However, newly discovered evidence alone does not guarantee a new trial; the party must still show how this evidence would have likely changed the verdict.