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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am a personal representative mothers estate. The estate

Customer Question

I am a personal representative for my mothers estate . The estate was closed a year ago . Infornation was discovered can I sue even though the estate was closed . I need the law that supports this
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of litigation experience. It is a pleasure to assist you today.

The answer is that you can re-open a previously closed case when new information or evidence becomes present that was not available at the time of the hearing or trial.

What state are you located in or was the estate closed within? I will attempt to find the case law in that jurisdiction for you.

That case law will certainly mirror that you will see below which comes from Texas:

A party seeking a new trial on the ground of newly discovered evidence must show: (1) new evidence has been
discovered since trial; (2) the failure to discover the evidence prior to trial was not because of lack of due
diligence; (3) the evidence is not cumulative; and (4) the evidence is so material that it would probably produce
a different verdict. Jackson v. Van Winkle, 660 S.W.2d 807, 809 (Tex. 1983), overruled on other grounds by
Moritz v. Preiss, 121 S.W.3d 715 (Tex. 2003).

A party who seeks a new trial on the ground of newly discovered evidence must demonstrate to the trial court
that (1) the evidence has come to the party's knowledge since the trial, (2) the evidence was not discovered
earlier because of a lack of due diligence, (3) the evidence is not cumulative, and (4) the evidence is so
material that it would probably produce a different result if a new trial were granted. Jackson v. Van Winkle, 660
S.W.2d 807, 809 (Tex. 1983), overruled on other grounds by Moritz v. Preiss, 121 S.W.3d 715, 720-21 (Tex.
2003).

I look forward to hearing back from you with the state that you are currently dealing with on this matter.

Thanks

Customer: replied 1 year ago.
The state is Maryland can you give me the law that supports this
Expert:  Delta-Lawyer replied 1 year ago.

Yep...let me do a little research real quick.

Expert:  Delta-Lawyer replied 1 year ago.

Here is a case citation that has a lot of good language and other embedded citations open re-opening cases and the standards for re-opening cases in Maryland in the civil court context.

357 Md. 622 (Md. 2000) 745 A.2d 1074 Sophia COOPER v. Michael J. SACCO et al. No. 72, Sept. Term, 1999. Court of Appeals of Maryland Feb. 11, 2000

The case was too long to cut and paste into this format.

This case has no negative treatment and should help you with the matter as a citation reference as well as in finding more citation references. You can find it at Lexus Nexus...and perhaps other open source websites.

Let me know if you have any additional questions.

Please rate my answer positively as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any additional questions or comments. I want you to be as comfortable as possible as you move forward. Thanks

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