CCRP 854
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/la/854-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.