Cases based on new evidence are not heard by an appellate court.
Generally speaking, appellate courts are not concerned with new facts or new evidence. Appeals are normally based on issues surrounding any errors made in the process of the trial and/or how the judge interpreted the law.
Can An Appellate Court Hear New Evidence?
It is often said “Trial Courts try the facts, and Appellate Courts try the trial courts.”
What that means is that the focus of the appellate courts is to decide whether the trial court got the final ruling correct based upon what was presented to it.
As a general rule, the appellate courts are tasked with whether the trial courts’ rulings are appropriate, based upon what they were presented with.
Thus, a large part of the decisions appellate courts are called upon to make is what in fact the trial courts had to deal with, and whether they dealt with it correctly.
It’s important to know that an appellate court is not conducted like a trial. There is no jury nor are any witnesses presented in an appellate court.
New evidence would be the focus of the trial courts. As a general rule, then, no new evidence can be presented to an appellate court in an appeal.
The appellate court is confined to the evidence as the trial court was presented, so that the appellate court can determine if the ultimate ruling was appropriate.
What Happens At An Appeal Hearing?
There is normally a Tribunal Chairman (who plays an administrative role) plus 3 judges present at an appeal hearing. Also present are the attorneys involved in the matter. Any other interested party is allowed in an appeal hearing as well.
The attorneys present their cases on whether or not the courts’ rulings were appropriate.
The judges present make the final decisions on the matter.
What Does It Mean If You Win An Appeal?
If the judges at the appeal hearing grant you a “win” – then that means that your case will be reviewed by a higher court.
Basically, the judges have said that something during the trial DID go wrong and that the decision made by the jurors was based on poor information or a technical problem, etc.
What Happens If I Lose An Appeal?
If, on the other hand the judges from the appeal hearing make the decision that there was no wrong doing at all during the course of your trial, then the process ends.
The original decisions made by the jurors at your trial stands.
Conclusion
The purpose of an appeal hearing is to determine if any wrong doing occurred during your trial and if those issues affected the decision made by the jurors in your trial.
New evidence or new witnesses are not presented during an appeal hearing.