can you classify old evidence as new evidence when your attorney refused to present the evidence

by Dr. Rae Becker II 8 min read

What if new evidence has been discovered about my case?

If your rights have been violated or if the evidence is irrelevant to the case your defense attorney should do everything they can to ensure it isn’t used against you. To fully understand the evidence in your case and the impact it can have on your criminal charges, you need to speak with a defense attorney.

Can new evidence be presented in an appellate court?

Mar 08, 2020 · There is no jury nor are any witnesses presented in an appellate court. New evidence would be the focus of the trial courts. As a general rule, then, no new evidence can be presented to an appellate court in an appeal. The appellate court is confined to the evidence as the trial court was presented, so that the appellate court can determine if ...

Can a plaintiff introduce new evidence at trial without discovery?

Nov 24, 2018 · In fact, almost everything a lawyer requests, asks about, or collects, is to evaluate it as evidence. We are going to discuss a few different types of evidence attorneys collect, why they collect it, and how they use it. I will also give a great example of how lawyer’s gathering evidence can change a clients life forever.

What happens to evidence after it is given to the judge?

May 31, 2014 · Yes, in your hypothetical case, the plaintiff can introduce new evidence and called undisclosed witnesses at trial in two typical scenarios. One is for impeachment purposes. Another is when the defendant does not object and does not file a motion in limine to preclude discovery which was requested but not provided.

Can a law change when new evidence is presented?

In such instances, courts employ a similar standard that considers whether the evidence could have been discovered during the proceeding and would have produced a different result. However, changes in law or interpretations of the law are generally not accepted as after-discovered evidence.

Can you be retried with new evidence?

New evidence can be applied during a retrial at a district court. Thus one can be tried twice for the same alleged crime. If one is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court.

Does all evidence have to be presented before a case?

Not really. Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time.

What evidence or evidences are not admissible in court?

hearsay evidenceGenerally, irrelevant evidence, unfairly prejudicial evidence, character evidence, evidence protected by privilege, and, among others, hearsay evidence is inadmissible.

Can you be tried twice if there is new evidence?

The obvious application of double jeopardy is when law enforcement finds new evidence of the defendant's guilt after the jury has already acquitted them. The prosecution cannot charge them again, even if the evidence shows that they probably are guilty.Oct 18, 2021

Can you be charged twice for the same offense?

Overview. The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "

What is it called when you withhold evidence?

Spoliation. Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding.

What kind of evidence is admissible in court?

The basic rule of evidence which forms the starting point for all else is, “all evidence relevant to a fact in issue is admissible unless there is a legal reason for excluding it”.

What does sustained mean in court?

To sustain means to support or maintain, especially over a long period of time; to endure or undergo. In legal contexts, to sustain may also mean to uphold a ruling (e.g., “objection sustained”).

What is inadmissible hearsay?

Broadly defined, "hearsay" is testimony or documents quoting people who are not present in court. When the person being quoted is not present, establishing credibility becomes impossible, as does cross-examination. As such, hearsay evidence is inadmissible.

What is secondary evidence?

Secondary evidence means and includes— (1) certified copies given under the provisions hereinafter contained; (2) Copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is impeaching evidence?

Impeaching evidence is evidence that suggests a witness is not to be believed because of prior dishonest acts or inconsistent statements (a witness says at trial the defendant was going 75 miles per hour when she testified earlier under oath that the car was going 85 miles per hour, for instance).

Who is David Price?

David R. Price Jr. David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC.

Can a case be reopened?

While this is possible – a case can be reopened” so that a judge or jury can consider the case anew with the additional evidence – reopening a case by vacating the judgment entered is a decision resting largely in the discretion of the trial court.

Can a motion for new trial be denied?

If the evidence would likely have little effect on the outcome of the case, a motion for new trial will be denied. It has been discovered since trial. A court will not reopen a case or vacate a judgment unless the evidence has in fact been discovered.

Can you reopen a personal injury case?

In most cases, you will not be able to reopen a case and set aside a verdict, even where there is new evidence. Therefore, when you have been injured in a personal injury accident, it is important that your case is thoroughly researched and investigated before proceeding to trial. David R. Price, Jr. is an experienced and aggressive Greenville personal injury lawyer who strives to carefully analyze and uncover all of the relevant evidence in your case. Contact his office today to discuss your case by calling (864) 271-2636 or contacting him online.

What are the rules of evidence?

Rules of Evidence. When facing criminal charges and even before you are formally charged, you will likely hear the word “evidence” thrown around a lot. Most criminal cases depend on evidence and without it there would be no charges.

What is evidence in criminal cases?

Generally, evidence is: testimony or physical items used to establish blame in a criminal case. This means that testimonies, whether written, spoken, recorded, or otherwise communicated are considered evidence as much as physical “exhibits” are. There are two basic types of evidence: Direct evidence. Circumstantial evidence.

Why is hearingsay important?

Hearsay is a very important but very complex legal matter with many exceptions. In the representation of criminal defendants, it is the defense lawyer’s job to make sure that the evidence used against you fits all these, and more, criterion. There are literally hundreds of rules and laws regarding evidence.

What is the difference between direct evidence and circumstantial evidence?

Direct evidence. Circumstantial evidence. All evidence falls under one of these two categories. Direct evidence delivers information that is true without requiring inference. In other words, it proves a fact beyond a reasonable doubt. Circumstantial evidence, however, is more common but is not direct proof. Instead it is a fact that can be used ...

What is circumstantial evidence?

Circumstantial Evidence. An expert who testifies that the bullet which killed Mr. B came from a 9 mm. weapon, though not specifying which one. A witness who testifies that they arrived at a crime scene to find Mr. A standing over Mr. B with a smoking gum.

What to do if your rights are violated?

If your rights have been violated or if the evidence is irrelevant to the case your defense attorney should do everything they can to ensure it isn’t used against you. To fully understand the evidence in your case and the impact it can have on your criminal charges, you need to speak with a defense attorney.

Is evidence admissible in court?

Not all evidence is admissible in court. In order for evidence to be used against you in court, it has to pass several qualifications. First and foremost, the gathering or use of evidence must not violate your constitutional rights.

What is the purpose of an appeal hearing?

The purpose of an appeal hearing is to determine if any wrong doing occurred during your trial and if those issues affected the decision made by the jurors in your trial.

What is an appeal based on?

Appeals are normally based on issues surrounding any errors made in the process of the trial and/or how the judge interpreted the law.

What is Biological Evidence?

Biological is any evidence that originates from inside a living being or is alive itself. The most common examples are blood and DNA, but urine, semen, and even certain bacteria can all be forms of biological evidence.

What is Forensic Evidence?

Forensic evidence is any type of physical, biological, or electronic evidence that is scientifically proven to be accurate through a methodical testing or retrieval process that has been tested and found to be reliable and true.

What is Digital Evidence?

Digital evidence is any evidence that is stored electronically in binary form. Binary form is a way to store, transmit and display information between computer systems. It is essentially a grouping of 1’s and 0’s that give specific commands to computers.

Kevin Samuel Sullivan

you lawyer needs to challenge the introduction of previously unmentioned witnesses through a trial motion.

Kevin Arnold Spainhour

Generally yes. What most trial counsel do is to serve supplemental discovery demands just before the discovery cut-off. The demands ask the responding party to supplement their discovery in case they left something out through error or learned something new. Finding a witness later on would be something new.

Frank Wei-Hong Chen

Yes, in your hypothetical case, the plaintiff can introduce new evidence and called undisclosed witnesses at trial in two typical scenarios. One is for impeachment purposes. Another is when the defendant does not object and does not file a motion in limine to preclude discovery which was requested but not provided.

What is the Izummi case?

case that was instrumental in pushing the concept of “eligibility at time of filing” beyond its intended reach. Izummi involved an EB-5 investor who was investing through a Regional Center and as such was allowed to have a bit more flexibility. The third prong of the holding went too far, in my opinion. It reads: “[a] petitioner may not make material changes to his petition in an effort to make a deficient petition conform to Service requirements.” The concept of “material change” was applied too rigidly to the supporting documentation, specifically, business plans and other business-related documents and actual effectuation of those plans. While Izummi’s actual case had many other problems and was doomed to fail from the start, that single concept became onerous and was draconian.

What is a MTR in court?

When submitting a Motion to Reconsider (MTR), the underlying and overarching, consideration is to challenge the decision as incorrect and to submit “argument”. That means that a Legal Brief is essential in most cases. I say “most” because there is room on the Form I-290B to write something but there is not much room. When challenging a decision by means of an MTR (reconsider), it is supposed to be supported by citing to precedent decisions, statutes, regulations, and policy; or items of evidence in the record of proceeding (ROP) and explaining how it has been misinterpreted and/or misunderstood; or has undergone a change that should be applied retroactively or might be dispositive prospectively. This type of Motion is not supposed to be reliant on new evidence. However, this type of Motion can be combined with the next.

When did the child qualify for immigration?

Notwithstanding the fact that an illegitimate child may qualify for immigration purposes as the "child" of his or her natural father following the amendment on November 6, 1986, of section 101(b)(1)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1101

Can a visa petition be denied if it is based on a finding that the marriage was entered into sole

Where a visa petition has once been denied based on a finding that the marriage was entered into solely to bestow an immigration benefit, the petitioner bears a heavy burden of proof with respect to any subsequently filed visa petition involving the same beneficiary.

What is documentary evidence?

Documentary or physical evidence. Parties have to go through a process to enter documentary or physical evidence into the court record. During that process, the party that is entering the evidence will show the document, item, etc., to the other party so that s/he can examine the document. At this point, you can object to ...

What is relevance in court?

Relevance. You can object to the relevance of evidence if you think a piece of evidence or something a witness is saying has nothing to do with the case or it is not important in determining who should win in court. Example: Asking how many sexual partners someone has had wouldn’t be relevant in a protection order case.

What does "overruled" mean in a court case?

overruled, which means the evidence can be considered.

What is an example of a protection order?

Example: Asking how many sexual partners someone has had wouldn’t be relevant in a protection order case. Unfair/prejudicial. You can object to evidence, even if it’s relevant, if the evidence would unfairly turn the judge or jury against you. This is what is meant by saying the evidence is prejudicial.

What is compound question?

Compound question. A compound question is when two or more questions are combined as one question. Compound questions are not allowed because they can confuse the witness, the judge, and the jury. Also, it may not be clear for the court record which of the questions the witness is answering.

What is a vague question?

Vague. A vague question is when it is difficult or impossible to tell what the question is about. You would want to object to a vague question that is asked of your witness because of the risk that the witness will misunderstand the question and say something that will hurt your case.

Is hearsay a testimony?

Hearsay. A person can only testify as to what s/he knows to be true, not what s/he heard from someone else. If a witness tries to testify about what a non- party told him/her or tries to enter into evidence something in writing that a non-party wrote, then the testimony or written evidence is objectionable as hearsay.

Ronald William Slonaker

Your question fails to present any facts regarding your question so it is very hard to answer - what kind of case, county or circuit court, civil, criminal or domestic, why was it not originally produced to the other party, what kind of evidence is it, etc - as a general rule yes, subject to any pretrial orders that were issued by the court...

Earl Kenneth Mallory

You can present any evidence that you disclose pursuant to any pre-trial order. Just because someone did not request that information from you does not preclude its use.#N#This response does not create an attorney-client relationship. Unless you are...

When can you introduce new evidence?

It is sometimes possible to introduce newly discovered evidence as late as a motion for post-trial relief (or even in an even later motion to set aside a judgment), but usually, the very latest point at which you can introduce evidence is the close of your case at trial (in the case of a plaintiff, often at the halfway point in a trial as a plaintiff is not always permitted to present new evidence after the defendant closes his or her case).

What is late introduction of evidence?

The other is that late introduction of evidence is usually allowed only for "good cause" (e.g. the evidence was only discovered or only came into being at the last minute). And, in "good cause" cases, often the other side will be given the opportunity to continue the hearing or trial to allow them additional time to prepare to respond to the new evidence (an opportunity that most litigants will waive in practice to avoid the long delay associated with getting a new trial date).

Can you impeach someone else's testimony?

One is that evidence for impeachment of someone else's testimony or rebuttal to something offered by the other side, especially if the statement to be impeached or rebutted was unexpected (e.g. when the testimony to be impeached or rebutted comes from a third-party witness not in close coordination with either party), is generally allowed even in the absence of disclosure.

Why A New Trial May Be Needed

Once the jury reaches a verdict in your case, the window for presenting evidence is effectively closed, at least for that particular trial. If you are convicted of the crime(s) in question, the appeals process is essentially so the courts can review the case and make sure due process was followed—notto entertain new evidence. Th…
See more on

Convincing A Judge to Declare A New Trial

  • A lot of preparation goes into trying a case in court, and usually great care is taken to make sure the defendant has received a fair trial and due process. By filing a Motion for a New Trial, your attorney is basically asking the judge to throw out all that effort and start again. Therefore, it’s important to understand that the judge isn’t going to declare a new trial just because it’s asked f…
See more on

Completing The Record

  • Even if it’s unlikely that the judge will declare a new trial, sometimes it’s still a good idea to file the motion, if for no other reason than to “complete the record.” When your attorney petitions for a new trial, she must naturally give a reason for the request (i.e., new evidence has been discovered). Even if you are not given the chance to present your new evidence, the petition at le…
See more on