new

As an element in numerous compound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting the date, origin, or character of one thing with the corresponding attributes of another thing of the same kind or class. In order to be "new", as that word is used in the patent laws, the achievement must be either one that produces an unusual or improved or advanced result, which was unknown to the same prior art at the time of the claimed invention; or the achievement must be one that produces an old result in an unusual and substantially more efficient, or more economical way

@ new acquisition

An estate derived from any source other than descent, devise, or gift from father or mother or any relative in the paternal or maternal line. Webb v. Caldwell, 198 Ark. 331, 128 S.W.2d 691, 694

@ new and useful

The phrase used in the patent laws to describe the two qualities of an invention or discovery which are essential to make it patentable, viz., novelty, or the condition of having been previously unknown, and practical utility. To accomplish a new and useful result it is not necessary that result before unknown should be brought about, but it is sufficient if an old result is accomplished in a new and more effective way. Hirschy v. Wisconsin-Minnesota Gas & Electric Household Appliances Co., D.C.Minn., 18 F.2d 347, 354.

An invention achieves a new result, where a function which had been performed by other means was performed to an efficient degree by an association of means never before combined, though all of them were old, and some of the changes seemed to be only in degree

@ new assets

In the law governing the administration of estates, this term denotes assets coming into the hands of an executor or administrator after the expiration of the time when, by statute, claims against the estate are barred so far as regards recourse against the assets with which he was originally charged

@ new assignment

Under common law practice, where the declaration in an action is ambiguous, and the defendant pleads facts which are literally an answer to it, but not to the real claim set up by the plaintiff, the plaintiffs course is to reply by way of new assignment; i.e., allege that he brought his action not for the cause supposed by the defendant, but for some other cause to which the plea has no application

@ new cause of action

With reference to the amendment of pleadings, this term may refer to a new state of facts out of which liability is claimed to arise, or it may refer to parties who are alleged to be entitled under the same state of facts, or it may embrace both features. Amended and supplemental pleadings are permitted under Fed.R.Civil P. 15

@ new for old

In making an adjustment of a partial loss under a policy of marine insurance, the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance

@ new inn

An inn of chancery.

See Inns of Chancery

@

- new issue

@ newly discovered evidence

Evidence of a new and material fact, or new evidence in relation to a fact in issue, discovered by a party to a cause after the rendition of a verdict or judgment therein. Testimony discovered after trial, not discoverable before trial by exercise of due diligence. Kash N'Karry Wholesale Supermarkets, Inc. v. Garcia, Fla.App., 221 So.2d 786, 788.

Newly discovered evidence such as will support motion for new trial or to reopen for amended findings refers to evidence of facts existing at the time of trial of which the aggrieved party was excusably ignorant. Chromalloy Am. Corp. v. Alloy Surfaces Co., D.C.Del., 55 F.R.D. 406, 409.

To constitute newly discovered evidence for which new trial may be granted, evidence must pertain to facts in existence at time of trial, and not to facts that have occurred subsequently. U. S. v. DePugh, D.C.Mo., 266 F.Supp. 417, 434.

On motion, the court may relieve a party from a judgment or order because of newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial. Fed.R.Civ.P. 60(b).

Motions for new trial or relief from judgment or order based on newly discovered evidence must generally be made within a specified tune period; see e.g. Fed.R.Civil P. 59, 60; Fed.R.Crim.P. 33

@ new matter

In pleading, matters of fact not previously alleged by either party in the pleadings, involving, generally, new issues with new facts to be proved. Amended and supplemental pleadings are permitted under Fed.R.Civil P. 15 to add new matter.

In patent law, "new matter" is matter involving a departure from or in addition to the original disclosure. Stearn v. Superior Distributing Company, C.A.Mich., 674 F.2d 539, 544.

Such matter may not be introduced into a patent application by way of amendment or continuation application. 35 U.S.C.A. No. 132

@

- new promise (See also promise)

- new trial (See also motion for new trial))

- plain error rule

- trial

- venire facias de novo