Cited by

Opinions in New Hampshire that cite Rautenberg v. Munnis, 241 A.2d 375.

13 citing documents.

  • Linda L. Knowles v. Kelli Cassidy N.H. 2022
    To obtain a new trial based upon newly-discovered evidence, the moving party generally must establish that: (1) the moving party was not at fault for not discovering the evidence at the prior trial; (2) the evidence is admissible, material to the merits of the case, and not cumulative; and (3) the evidence is of such a character that a different result will probably be reached in a new trial.
  • Foy Insurance Group, Inc. v. 101 Ocean Blvd., LLC N.H. 2022
    To obtain a new trial based upon newly-discovered evidence, the moving party generally must establish that: (1) the moving party was not at fault for not discovering the evidence at the prior trial; (2) the evidence is admissible, material to the merits of the case, and not cumulative; and (3) the evidence is of such a character that a different result will probably be reached upon a new trial.
  • Mohamed F. Hafez v. 100 Northeastern Boulevard, LLC & a. N.H. 2020
    To obtain a new trial based upon newly-discovered evidence, the moving party generally must establish that: (1) the moving party was not at fault for not discovering the evidence at the prior trial; (2) the evidence is admissible, material to the merits of the case, and not cumulative; and (3) the evidence is of such a character that a different result will probably be reached upon a new trial.
  • State v. Cote 530 A.2d 775 N.H. 1987
    The guidelines for the exercise of this discretion are set out in Rautenberg v. Munnis, 109 N.H. 25, 26, 241 A.2d 375, 376 (1968), and include: “(1) that the moving party was not at fault for not discovering the evidence at the former trial; (2) that the evidence is admissible.
  • State v. Mallar 508 A.2d 1070 N.H. 1986
    (Citations omitted.)” Kelly, supra at 906, 424 A.2d at 822 (quoting Burroughs v. Wynn, 117 N.H. 123, 126, 370 A.2d 642, 644 (1977); Rautenberg v. Munnis, 109 N.H. 25, 26, 241 A.2d 375, 376 (1968)); see State v. Abbott, 127 N.H. 444, 503 A.2d 791 (1985).
  • State v. Abbott 503 A.2d 791 N.H. 1985
    We will sustain the trial court’s decision “unless it can be said to conclusively appear that a different result is probable, so that the Trial Court’s conclusion is clearly unreasonable.” Rautenberg v. Munnis, 109 N.H. 25, 26, 241 A.2d 375, 376 (1968) (citation omitted).
  • State v. Kelly 424 A.2d 820 N.H. 1980
    (Citations omitted.)” Burroughs v. Wynn, 117 N.H. 123, 126, 370 A.2d 642, 644 (1977); Rautenberg v. Munnis, 109 N.H. 25, 26, 241 A.2d 375, 376 (1968).
  • Carbonneau v. Town of Rye 411 A.2d 1110 N.H. 1980
    RSA 526:1; Burroughs v. Wynn, 117 N.H. 123, 126, 370 A.2d 642, 644 (1977); Rautenberg v. Munnis, 109 N.H. 25, 26, 241 A.2d 375, 376 (1968).
  • Burroughs v. Wynn 370 A.2d 642 N.H. 1977
    As set forth in Rautenberg v. Munnis, 109 N.H. 25, 26, 241 A.2d 375, 376 (1968), the findings which are prerequisite to the granting of a new trial are: (1) that the moving party was not at fault for not discovering the evidence at the former trial; (2) that the evidence is admissible (citation omitted), material to the merits, and not cumulative; and (3) that it mu
  • McLoon v. Collins 317 A.2d 559 N.H. 1974
    We find no error in the master’s recommendation that the defendants’ motions for rehearing be denied.
  • Bricker v. Sceva Speare Memorial Hospital 317 A.2d 563 N.H. 1974
    A new trial on the ground of newly discovered evidence is equitably required only where: (1) the moving party was not at fault in failing to discover the evidence at the former trial, (2) the evidence is admissible, material to the merits, and not cumulative and (3) it must be of such a character that a different result will probably be reached at a new trial.
  • Sherman v. Town of Brentwood 290 A.2d 47 N.H. 1972
    *124 Under these circumstances the motion was properly denied.
  • Sheris v. Thompson 295 A.2d 268 N.H. 1971
    We find no error in the action of the trial court denying the motion to reopen and for a new trial.