New Trial Based on Newly Discovered Evidence In Michigan

A party may move for a new trial on the basis of "material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at trial." MCR 2.611(1)(f). A motion for a new trial brought on the basis of newly discovered evidence may be granted where: (1) the evidence itself, not merely its materiality, is newly discovered (2) the evidence is not merely cumulative (3) the evidence is such as to render a different result probable on retrial (4) the defendant, exercising reasonable diligence, could not have produced the evidence at trial. Id.