Reinhart v. Reinhart, PICS Case No. 10-3517 (Ct. Cmm. Pl. Berks Co. Sept. 30, 2010) (Schmehl, J.)

Party was not entitled to a new trial based on after-discovered evidence that testifying experts were not licensed where party had the ability to discover that evidence at the time of trial through reasonable diligence.

The appellant was not entitled to a new trial based on after-discovered evidence that the opposing party's testifying experts were not licensed where the appellant had the ability to discover that evidence at the time of trial through reasonable diligence. To obtain a new trial based on after-discovered evidence, the evidence must have been discovered after the trial and must be such that it could not have been obtained at the time of trial by reasonable diligence, must not be cumulative or merely impeach credibility, and must be such as would likely compel a different result.

Case Law Alert - 1st Qtr 2011