New evidence definition

New evidence means any evidence that was not presented in the proceedings leading to plaintiff's conviction, including new testimony, expert interpretation, the results of DNA testing, or other test results relating to evidence that was presented in the proceedings leading to plaintiff's conviction. New evidence does not include a recantation by a witness unless there is other evidence to support the recantation or unless the prosecuting attorney for the county in which the plaintiff was convicted or, if the department of attorney general prosecuted the case, the attorney general agrees that the recantation constitutes new evidence without other evidence to support the recantation.

New evidence means the new evidence mentioned in section 28(2)(a),

New evidence means any and all evidence that is submitted or received after the date the examiner closes the official record. The official record is closed at the end of the public hearing, unless the examiner specifically allows the official record to remain open for a time certain.

Examples of New evidence in a sentence

• New evidence may be admitted on appeal at the discretion of the administrative judge if “[a] motion is filed and served establishing good cause for the submission of such evidence.” 13 C.F.R. § 134.308(a).

• New evidence, including facts or documents, may be introduced after the referral is made only where disclosure of this new evidence was not possible prior to the referral.

• Appeals will be limited to any of the following bases: • A procedural irregularity that affected the outcome of the matter;• New evidence that was not reasonably available at the time the written determination was issued that could affect the outcome of the matter; or• The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias that affected the outcome of the matter.

• New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal, that could affect the outcome of the matter; and3.

• New evidence will not normally be permitted at an appeal on points.

More Definitions of New evidence

New evidence means evidence that was not provided to or considered by the drinking water officer when the original decision was made. Although there is no specific requirement that a person use a designated form when requesting reconsideration, people should be encouraged to use the standard form set out in appendix 20. If, however, a person simply writes a letter that provides the basic information necessary to consider a request for reconsideration, then that request should be considered and the person should not be required to complete the standard form.

New evidence means the new evidence mentioned in section 30(2)(a), “original inquiry proceedings” means the part of an inquiry held before it is re- opened under section 32(6),

New evidence means evidence that could not have been known to or was not accessible to the Staff Member, using due diligence, at the time of the Principal’s review under Section 8.14 of these Regulations.

New evidence means any and all evidence that is submitted or received after the date the Examiner closes the official record.

New evidence means evidence not known to the student at the time of the original hearing, which evidence is material to the allegation of misconduct (see footnote1);

New evidence means evidence that could not have been provided prior to the Council’s decision because the evidence did not exist or was unknown to the party at that time.

New evidence means evidence that was not available at the time of trial and was not considered by the court. For example, DNA evidence, a recanting witness or another person confessing to the crime.