Yesterday I had a forcible detainer hearing. I spoke to the judge and showed the judge a a print out of a debit card payment I made to my landlord. When I got to court I realized that I didn't print out the payment I made to my landlord on the tenant portal last Friday. Can I file an appeal?
if the trial has already been held, you are limited to the evidence you presented at trial, unless there is some extraordinary reason you could not present the evidence at trial. To submit new evidence after trial, there are usually 5 conditions: (1) The newly discovered evidence must be such that it would probably change the result on a new trial; (2) it must have been discovered since the trial; (3) it must be of such a nature that it could not have been discovered before trial by due diligence; (4) it must be material; and (5) it must not be merely cumulative or impeaching. Appeals are limited to the evidence presented at trial: they are not a "second bite at the apple."
The general advice above does not constitute an attorney-client relationship: you haven't hired me or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice.
You can certainly try to file an appeal, but this is just information you forgot to bring to court so they might not allow you to essentially do the case again.
Please note, my answers to questions do NOT create an attorney/client relationship. Only after a written agreement is entered into between the parties is an attorney/client relationship created. Additionally, the responses posted here are done so on limited information and should not be fully relied upon without an in person consultation where the entire case is reviewed and discussed in detail.
Eviction actions have their own rules of procedure. RPEA 15(a)(2) is a direct hit: "Either party may file a motion to set aside a judgment [on] the following grounds: (2) The defendant tendered all amounts due under the lease agreement... or made a partial payment"
Ask the clerk for a motion to set aside judgment. Cite the rule and quote it, and attach your evidence as an exhibit. The landlord will likely argue that he rejected your partial payment. Good luck.
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