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appeal

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appeal

Postby redm4n » Mon Dec 09, 2002 3:18 am

im gonna submit an appeal for a case i just finished. can i submit eveidence backing my brief that im gonna write. to the appeals court. The judge was not considering certain facts and evidence in my case in which if he would of considered them then the law would of worked on my side and i would of won. so can i submit this evidence the judge didnt consider even though he admitted these items into evidence.
redm4n
 
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Re: appeal

Postby consigliere » Mon Dec 09, 2002 10:20 am

Your message isn't totally clear.
 
You are not allowed to introduce new evidence on an appeal.
 
You asked: "so can i submit this evidence the judge didnt consider even though he admitted these items into evidence."
 
If items were admitted into evidence, they should be part of the record on appeal. You can point out to the Appellate Term that the housing court judge ignored the evidence.
 
Check with the clerks at the Appellate Term. They are usually helpful and knowledgeable.
 
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Re: appeal

Postby redm4n » Tue Dec 10, 2002 12:53 am

yeah im wondering if i can resubmit evidence to the appeals court that was already entered into evidence from my trial
redm4n
 
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Location: brooklyn

Re: appeal

Postby chelsea » Tue Dec 10, 2002 7:39 pm

Generally, you MUST submit the exhibits and transcript from the Housing Court trial with your brief.
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