re the state of justice in article apr desire wright edu demon desire wright edu not a boomer writes in article qksa inni m shelley u washington edu tzs stein u washington edu tim smith writes what kind of witnesses if we are talking about witnesses who were at the accident or were otherwise directly involved e g paramedics emergency room doctors etc then they should have been used at the first trial you don t get a new trial because you screwed up and forgot to call all of your witnesses they are two witnesses who didn t come forth until after the first trial while it would be tough luck for gm if they new about these witnesses beforehand imo this constitutes new evidence the test isn t whether gm knew otherwise that would reward gm for its stupidity the test is whether gm reasonably should have known of their existence it works both ways if gm had won the trial and the plaintiff turned up two witnesses who came forward after the first trial who should have been located beforehand too bad so sad no new trial like tim said you don t get a new civil trial because you screwed up the first time around unlike the criminal justice system repose is much more important in the civil justice system ted frank thf kimbark uchicago edu i m sorry the card says moops the u of c law school standard disclaimers
