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 applicable to fraud-based claims. The movant must demonstrate a reasonable probability that the result of a new trial would differ, meaning that the undisclosed evidence could reasonably place the case in a different light sufficient to undermine confidence in the verdict. Applying that standard, the court concluded that the withheld materials were cumulative and that the plaintiff had not shown the required probability of a different result, so it affirmed. EVELEIGH, J., dissenting, would have adopted a burden-shifting framework requiring the noncompliant party to disprove material prejudice.