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Fwd: Appellate Courts and New Evidence

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  • law_self_help
    ... wrote: Usually the appellate courts will not even review the factual findings of the lower court; they review only the application of
    Message 1 of 1 , Jul 4 8:11 PM
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      --- In Legal_Self_Representation@yahoogroups.com, "law_self_help"
      <law_self_help@...> wrote:

      Usually the appellate courts will not even review the factual
      findings
      of the lower court; they review only the application of law (unless
      factual findings are "clearly erroneous" or there was "abuse of
      descretion" on part of the lower court) - accordingly they will not
      admit into the record, much less consider new evidence. That would be
      appropriately submitted to the lower court on the Motion to Reconsider
      based on new evidence or/and newly discovered misconduct by the
      adverse
      party. That can usually be done even while the appellate proceedings
      are ongoing because the factual/evidentuary grounds for the re-
      initiated proceedings in the lower court are different. However the
      Motion to Expand Record does exist in the appellate practice - my
      understanding is that it could only be used when the appellate courts
      hears the case De Novo - in other words acts as a trier of facts,
      actually rehearing the case instead of only reviewing it. One needs
      to
      research the case law for their jurisdiction to find out when that
      happens.

      --- End forwarded message ---
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