Q: APP-003 attachment 4b.
APP-003 attachment 4b. Documents list for appeal of order denying motion to set aside dismissal against one of defendants, defendant A.
Should list of documents include any documents (relevant to subject matter of lawsuit) filed later as to other defendant B, after date when order to set aside was denied?
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A:
For an appeal of the order denying your motion to set aside dismissal against defendant A, you should generally focus on documents that were before the trial court when it made its decision on that specific motion.
Documents filed after the denial of your motion to set aside, even if they relate to defendant B and the broader subject matter of the lawsuit, would not have been part of the record the trial court considered when making its ruling. The appellate court typically reviews whether the trial court's decision was correct based on the evidence and documents available at the time of that decision.
However, if you believe later-filed documents relating to defendant B are crucial to your appeal, you might consider filing a motion to augment the record on appeal. This would require showing good cause for why these additional documents should be considered. Keep in mind that such requests are discretionary, and courts often prefer to maintain the focus on materials that were actually before the trial court when it made the challenged decision.
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