Bonnie Duart v. Department of Correction

Summary

The court held that a motion for a new trial based on the opposing party's discovery misconduct is governed by the same framework used for fraud-based requests for a new trial. It rephrased the applicable prejudice requirement to require a reasonable probability that a new trial would produce a different result, meaning a probability sufficient to undermine confidence in the verdict, and concluded that the undisclosed materials were cumulative and did not satisfy that standard. Justice Eveleigh, joined by Justice Vertefeuille, dissenting, would have adopted a burden-shifting framework requiring the noncompliant party to rebut a presumption that substantial, relevant discovery noncompliance was material.