Tuesday, March 11th, 2008...7:16 am
DAlaska: Newly-discovered Evidence and Reconsideration
In the false arrest case previously discussed, Judge John Sedwick has rejected the Municipality of Anchorage’s motion for reconsideration, supported by new affidavits from police officers. Under 9th Cricuit law, reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the intial decision was manifestly unjust, or (3) faces an intervening change in controlling law. Sedwick rejected the claim of clear error, and then addressed the argument for newly-discovered evidence, i.e., the new affidavits. He said:
The overwhelming weight of authority is that the failure to file documents in an original motion or opposition does not turn the late filed documents into ‘newly discovered evidence.’
In a different case, Sedwick laid out the timing considerations for reconsideration motions.
Mitchell v. Anchorage Police Department, 2008 WL 621076 (D.Alaska Mar. 4, 2008)
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