Greenwood Products, Inc. v. Greenwood Forest Products, Inc.

The issue on review in this case is whether the trial court erred in denying defendants’ 1 motion for a new trial under ORCP 64 B(4), 2 based on the asserted ground of newly discovered evidence. The trial court determined that defendants’ proffered evidence did not satisfy the legal standard for granting a new trial under that rule. The Court of Appeals reversed, concluding that defendants’ post-trial proffer qualified as newly discovered evidence, that the evidence was material for defendants, and that defendants exercised reasonable diligence in attempting to produce the evidence at trial.…