If a basketball coach sues a university for religious discrimination, what action should she consider if new evidence arises?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

In the scenario where a basketball coach is suing a university for religious discrimination and new evidence arises, the coach should consider moving for relief from the judgment based on the newly discovered evidence. This action is appropriate when a party discovers new information that could not have been discovered with reasonable diligence before the original judgment was rendered.

Moving for relief from judgment allows the court to reconsider its decision in light of the new evidence, which must show that the evidence is material and that it would likely change the outcome of the case. This process is governed by Rule 60(b) of the Federal Rules of Civil Procedure, which provides specific grounds under which a party may seek relief. By pursuing this option, the coach ensures that the court can take into account all relevant evidence, potentially leading to a different outcome in the case.

Other responses such as requesting a retrial without the new evidence or seeking an appeal are not suitable in this context. A retrial typically involves a complete reexamination of the case due to significant procedural issues, while an appeal is generally concerned with errors made during the trial rather than new evidence that has emerged after the trial's conclusion. Filing for summary judgment would be inappropriate at this stage because it is a motion made during the pre-trial phase

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