Q: Where can I find information of how to supeona evidence in a court case?
I am trying to apeal a desicion of my case where I am the Plaintiff and need the defense to produce the items in question so the higher court can review for themselves the "public safety" issues that were raised at the first hearing. This appeal is a paper review, and since I was not very good a public speaking, I would like to me able to provide all the information.
A: If you need to obtain evidence while a civil case is pending, the law offers a variety of discovery mechanisms (interrogatories, subpoenas, etc.) However, in appeals, new evidence is generally not allowed in the appeal (unless it is an appeal de novo). Instead, appeals are based on exhibits and transcript from the trial. The transcript is requested from the court and trial exhibits should have been labeled and marked by the court clerk during the trial.
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