has come to his knowledge since the trial; that it could not, in the exercise of reasonable diligence, have been discovered for use at the trial; that it is so material and relevant that it will probably change the result if a new trial is granted; that it is not merely cumulative or impeaching in character; and that it is reasonably possible that the evidence will be produced at the trial. In re Missouri-Kansas Pipe Line Co., Del.Supr., 2 A.2d 273, 278 (1938) (citations omitted). These standards have long been the law of Delaware. See, e.g., Poole v. N. V. Deli Maatschappij, Del.Ch., 257 A.2d 241, 243 (1969); Kennedy v. Emerald Coal & Coke Co., Del.Supr., 42 A.2d 398, 404 (1944) (both cases quoting In re Missouri). But cf. Bachtle v. Bachtle, Del.Supr., 494 A.2d 1253, 1255-56 (1985) (<HOLDING>) (quoting Ryan v. United States Lines Co., 303
holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment holding that the defendants evidence did not qualify as newly discovered evidence holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence