Title 9, Chapter 7, Section 19
( 9-7-19)
(a) No new testimony shall be considered, except in those cases
where, according to the principles of law, a new trial would be
granted for newly discovered evidence. (b) Application to introduce such original and newly discovered
evidence shall be made to the judge before the argument on the
exceptions, if the same is then known, with a statement of the party
and his attorney setting out the expected testimony and facts
authorizing it to be admitted as newly discovered evidence. (c) The opposite party shall be served with notice of the
application. If the same is admitted, the opposite party shall be
entitled to a continuance. On the trial he shall be entitled to
introduce original testimony in rebuttal of the newly discovered
evidence. |