It may be easy for those with little experience in the legal world to assume that trials are cut-and-dry for the most part. However, a Las Vegas civil trial often involves more than both sides presenting their case and awaiting the jury or judge’s verdict. This is particularly true if someone wants to appeal a case. Since an appeal is not actually a new trial, it can help to understand how evidence is handled during a civil appeal.
Usually, the appeals process is remarkably shorter than a trial, leaving limited time to present evidence. According to the Administrative Office of the United States Courts, the appellate lawyers of both sides get a chance to present a brief argument – about 15 minutes or so – before a panel of judges. Any evidence presented during an appeal will only be that which was used during the trial.
No new evidence will be introduced in an appeal except in rare cases, states the American Bar Association. However, if the appellant can prove that an error of law has occurred, such as the improper presentation of evidence, the original judgment may be reversed. The case might then be sent back for a new trial. At this time, the court may consider new evidence, especially if the additional evidence is significant enough to have an effect on the outcome of the case.
The appeals courts process may appear to be complicated. However, this is to make sure that everyone involved in a civil lawsuit has a chance to present their case fairly and thoroughly.
