Section 49 Newly Discovered Evidence, Perjury, Etc

• Library: Civil Trial Practice 2008 Supp Forms

. Since the trial, the defendant has acquired newly discovered evidence [that the plaintiff had a prior injury to his third and fourth lumbar vertebrae to which he is claiming injury in this accident; the plaintiff was hospitalized for this injury approximately one year before he was involved in the accident with the defendant; when the plaintiff's deposition was taken, he denied receiving any prior injury or being hospitalized for any injury or illness; after the newspaper reported the verdict for the plaintiff, the defendant's attorney received a telephone call from an unknown party who stated that the plaintiff received a large verdict for an injury he had sustained before the accident; and the defendant, acting on the information given him by this unknown party, inquired further and found that the plaintiff had been hospitalized before this accident for fractures of the third and fourth lumbar vertebrae. (Attached...