Cited by
Opinions in New Hampshire that cite Rautenberg v. Munnis, 241 A.2d 375.
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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.
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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.
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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.
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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.
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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).
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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).
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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).
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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).
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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
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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.
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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.
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Sherman v. Town of Brentwood
290 A.2d 47
N.H. 1972
*124 Under these circumstances the motion was properly denied.
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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.