Login      Sign-Up  
Skip Navigation Links
Home
Laws
Bills
Sessions
House
Senate
Committees
Legislators
My Legis
2025 First Extraordinary Session
Other Sessions
Scroll up
Scroll down
2025 First Extraordinary Session
Other Sessions
Scroll up
Scroll down
House Committees
Senate Committees
Miscellaneous Committees
Scheduled Meetings
Scroll up
Scroll down
Representatives
Senators
Caucuses and Delegations
Scroll up
Scroll down
      CCRP 854     

  

Art. 854.  Newly discovered evidence; necessary allegations

A motion for a new trial based on ground (3) of Article 851 shall contain allegations of fact, sworn to by the defendant or his counsel, showing:

(1)  That notwithstanding the exercise of reasonable diligence by the defendant, the new evidence was not discovered before or during the trial;

(2)  The names of the witnesses who will testify and a concise statement of the newly discovered evidence;

(3)  The facts which the witnesses or evidence will establish; and

(4)  That the witnesses or evidence are not beyond the process of the court, or are otherwise available.

The newly discovered whereabouts or residence of a witness do not constitute newly discovered evidence.



If you experience any technical difficulties navigating this website, contact the webmaster.
P.O. Box 94062 (900 North Third Street) Baton Rouge, Louisiana 70804-9062