Civic · 6 pages · 12 min
Why a new fact is hard to add upstairs
Appellate courts stick to the trial record, so new facts usually must go back downstairs.
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From the opening
A new fact is hard to add on appeal because the appellate court is built to review a finished record, not to take testimony. Evidence offered for the first time upstairs has not been sworn, cross-examined, or admitted under the trial judge's rules. The opening covers appeal reads a finished record, new proof misses cross-examination, and reopening starts in the trial court.
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Inside
- Appeal reads a finished record
- New proof misses cross-examination
- Reopening starts in the trial court
- Public texts are a narrow exception
- Where the idea stops applying
- A distinction worth keeping
Sources
- Closed appellate record
- Newly discovered evidence motion