appeals process under CA civil rules, can new evidence be introduced or presented at appeal

SPB Appeals: -On appeals for dismissal, could new evidence be introduced by the state agency or just the evidence presented when dismissal occured?
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Answers (2)

Adrianos Matthew Facchetti

Adrianos Matthew Facchetti

Contributor Level 4
In depends on the circumstances. But, In most cases, newly acquired information cannot be introduced on appeal. Generally, the court will only consider arguments and evidence presented at trial or at the lower court proceedings.
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John Toby Schreiber

John Toby Schreiber

Contributor Level 2
There may be very narrow, specific exceptions to this rule, but generally the answer is that no. New evidence may not be introduced or presented on appeal. Rules of appellate procedure governing civil appeals require that any evidence that a party wants the appellate court to consider on appeal must have first been introduced in the trial court. This rule derives from the different functions of trial and appellate courts. Trial courts decide factual and legal issues. Appellate courts decide legal issues by reviewing the existing trial court record to determine whether the trial court made an error that harmed the appellant's case.
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