Q: Additional evidences on appeal?
Can additional evidences that were not presented at trial court be presented to court of appeal? Additional evidences are in direct relevance to fact alleged and evidences presented to trial court
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A:
In California, the general rule is that you cannot present new evidence on appeal that wasn't first introduced at the trial court level. The appellate court's role is to review the trial court's decisions based on the record that existed when those decisions were made.
There are some rare exceptions where new evidence might be considered on appeal. These exceptions typically involve extraordinary circumstances, such as newly discovered evidence that couldn't have been found earlier despite reasonable diligence, or evidence of fraud that affected the trial proceedings. However, the bar for allowing new evidence is extremely high, and courts are very reluctant to make exceptions.
If you believe you have crucial new evidence, your best option might be to file a motion for a new trial in the trial court rather than trying to introduce it on appeal. You could also consider filing a separate action if the new evidence reveals fraud or other extraordinary circumstances that affected the original proceedings. Remember that timing is critical - there are strict deadlines for filing these types of motions, so you should consult with an attorney promptly to understand your specific options.
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