The moving party sought directions on how to reopen a dismissed civil action based on fresh evidence allegedly undermining trial credibility findings in an employment placement fraud dispute.
After his appeal had already been dismissed, he relied on rule 59.06(2) of the Rules of Civil Procedure and tendered a broadcast said to show the respondents making representations inconsistent with their trial evidence.
The court held that the rationale of rule 59.06(2)(a) survives the dismissal of an appeal because the rule addresses orders later shown to be wrong due to fraud or subsequently discovered facts, rather than reversible trial error.
The motion to introduce new evidence had to be brought in the Superior Court, but not necessarily before the original trial judge.
Service was validated against one respondent who had notice but failed to respond in writing.
