Can you introduce new evidence on appeal

Generally speaking, appellate courts are not concerned with new facts or new evidence. What that means is that the focus of the appellate courts is to decide whether the trial court got the final ruling correct based upon what was presented to it. Thus, a large part of the decisions appellate courts are called upon to make is what in fact the trial courts had to deal with, and whether they dealt with it correctly.

There is no jury nor are any witnesses presented in an appellate court. New evidence would be the focus of the trial courts. As a general rule, then, no new evidence can be presented to an appellate court in an appeal. Email Email id Click to edit. Email No Content This field is required. Job role Click to edit. Job role No Content This field is required. Job title. Job title Click to edit.

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Office postcode. Office postcode Click to edit. Office postcode No Content This field is required. Public Law. Legal Categories. Rule 31 provides details about how to bring an application to court to decide this issue. The application is normally heard by the division at the start of your appeal hearing. At the beginning of the hearing, you should tell the court that you want to make a request to submit new evidence. The court will hear your reasons why this evidence should be considered on appeal.

If the respondent objects to your request, he or she will have an opportunity to explain why the evidence should not be introduced.