Checker Cab Co. v. Markland

MILLER, Associate Justice.

Rule 59(b) of the Federal Rules of Civil Procedure1 provides that a motion for new trial on the ground of newly discovered evidence may be made “before the expiration of the time for appeal, with leave of court obtained on notice and hearing and on a showing of due diligence.” In this case notice of appeal was filed in time. Thereafter, and after expiration of the time during which notice of appeal was permitted to be filed, a motion for new trial on the ground of newly discovered evidence was filed in the trial court. That court declined to entertain the motion on…