Title 5, Chapter 5, Section 23
( 5-5-23)
A new trial may be granted in any case where any material evidence,
not merely cumulative or impeaching in its character but relating to
new and material facts, is discovered by the applicant after the
rendition of a verdict against him and is brought to the notice of
the court within the time allowed by law for entertaining a motion
for a new trial. | 
