Heirshberg v. Slater

The court pronounces today that (a) a postjudgment ruling on attorney’s fees under Rule 1.11(c)1 extends the time to appeal from an adverse decision in a § 6552 proceeding for new trial on grounds of *276newly discovered evidence; (b) a § 655 petition need not be verified, be accompanied by affidavit or contain specific allegations of due diligence, and (c) this § 655 petitioner is entitled to a hearing before the petition’s dismissal. I must recede from today’s pronouncement on three grounds: (1) the § 655 petition in contest here, filed more than one year after denial of the § 6513 motion for…