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no_hypocrisy

(46,030 posts)
1. All the above is accurate and I'm speaking from experience.
Tue Nov 24, 2020, 07:47 AM
Nov 2020

Show all your cards at trial or risk losing any chance of presenting evidence in the future.

You can hope that the Appellate Court will allow "new evidence," but it better be REALLY NEW, i.e., it didn't exist or it wasn't discovered at the time of trial.

I've tried for a Reconsideration (of evidence presented at trial) with a return to trial. That's even harder.

Once you're in Appellate Court, all you can essentially debate is the law and procedure. Facts are essentially recorded in stone.

There is the possibility that your case could have prevailed with the additional evidence at trial, but you failed to make it available for consideration. And you could be looking at a friendly new case of legal malpractice by your client.

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