Appeal of partial summary judgment (civil), can new trial court evidence be used?

Generally, the appeal court will only determine the appeal based on the evidence in the record already. But, if your partial motion for summary judgment is on appeal (which is a unique situation, at least in my appellate experience) perhaps the newly discovered evidence will have an impact favorable to you in the portion of the case not on appeal.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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