Can a new evidence be introduced at the appellate court

In general, the introduction of new evidence at the appellate court level is subject to certain limitations and restrictions. Here are some key considerations:

1. Rule of Evidence: The Federal Rules of Evidence (FRE) and the rules of evidence in each state govern the admissibility of evidence in federal and state courts, respectively. The FRE and state rules of evidence generally prohibit the introduction of new evidence at the appellate level, unless it is:
   • Previously unavailable (e.g., newly discovered evidence that was not available at trial).
   • Material (i.e., relevant and probative).
   • Not cumulative (i.e., not duplicative of evidence already presented).
2. Appellate Court's Discretion: Appellate courts have discretion to consider new evidence, but they are generally reluctant to do so. The court may consider new evidence if it is:
   • Highly probative and material to the issues on appeal.
   • Not cumulative or duplicative of evidence already presented.
   • Not available at trial due to circumstances beyond the parties' control.
3. Timing: The timing of the introduction of new evidence is critical. In general, new evidence should be presented at the trial level, not at the appellate level. If new evidence is discovered after the trial, it should be presented to the trial court in a motion for a new trial or to correct an error.
4. Exceptions: There are some exceptions where new evidence may be introduced at the appellate level, such as:
   • In a habeas corpus proceeding, where the petitioner seeks to challenge their conviction or sentence.
   • In a civil case, where the evidence is newly discovered and material to the issues on appeal.
   • In a criminal case, where the evidence is newly discovered and material to the issues on appeal, and the defendant can demonstrate that they were prejudiced by the lack of evidence at trial.

In summary, while it is possible to introduce new evidence at the appellate court level, it is subject to strict limitations and restrictions. The introduction of new evidence should be carefully considered, and the parties should demonstrate that the evidence is highly probative, material, and not cumulative or duplicative of evidence already presented.