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      CCRP 854     


Art. 854.  Newly discovered evidence; necessary allegations

A motion for a new trial based on ground (3) of Article 851 shall contain allegations of fact, sworn to by the defendant or his counsel, showing:

(1)  That notwithstanding the exercise of reasonable diligence by the defendant, the new evidence was not discovered before or during the trial;

(2)  The names of the witnesses who will testify and a concise statement of the newly discovered evidence;

(3)  The facts which the witnesses or evidence will establish; and

(4)  That the witnesses or evidence are not beyond the process of the court, or are otherwise available.

The newly discovered whereabouts or residence of a witness do not constitute newly discovered evidence.

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