Article

Newly Discovered Evidence or Not?

In affirming a trial court's refusal to grant a plaintiff's motion to reconsider, the Illinois Appellate Court held that affidavits of previously-identified witnesses are not "newly discovered evidence." The Court noted that all of the purported "newly discovered evidence" was available at the time of the original hearing on the motion for summary judgment. The Court also rejected the argument that the evidence was "newly discovered" because the plaintiff™s lawyer did not have a complete copy of his client™s file. Landeros v. Equity Property & Development, 321 Ill.App.3d 57, 747 N.E.2d 391, 254 Ill.Dec. 351 (1st Dist. 2001).