Law Practice,
Appellate Practice
Jan. 26, 2022
Newly Discovered Evidence on Appeal: The Writ of Error Coram Vobis
Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion for new trial, and you appeal. While the case is pending on appeal, you receive new evidence that would have guaranteed your client a new trial. Is there anything you can do?
David M. Axelrad
Partner
Horvitz & Levy LLP
Email: daxelrad@horvitzlevy.com
UC Hastings COL; San Francisco CA
Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion for new trial, and you appeal. While the case is pending on appeal, you receive new evidence that would have guaranteed your client a new trial. Is there anything you can do? The answer is yes. If you can satisfy the narrow requirements for a common law writ of error coram vobis, you can ask the appellate court to order the trial court to recons...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In