What Information Can Be Brought Up in Appeal
My question involves a child custody case from the State of: AR
I want some clarification of what can be looked at by an appellate court. I know that that no new evidence or testimony can be entered that wasn't in the original trial. However; I am a little fuzzy on what is considered within the original trial. Example:
1. All testimony, physical evidence (entered in as exhibits), motions, etc. the day of trial, I presume yes?
2. Any pleadings/motions that were filed prior to the trial yet not discussed in trial? (my terminology of motions/pleadings may be wrong)
3. Interrogatories? When I complete interrogatories, I am told that they are under oath and they must be notarized, however, if they were not discussed and are not in the transcripts, are they admissible?
4. If pleadings/motions are a yes, then would items of physical evidence that were shared in discovery be included? and/or anticipated testimony by witnesses that were never called to the stand?
Re: What Information Can Be Brought Up in Appeal
An appeal is based on the lower court record. Pretrial motions may be subject to appellate review, but the allegations in a motion are argument and not evidence. Discovery information that was not made part of the record is not part of the record. Evidence admitted by the court is part of the record. Wishful thinking about what witnesses might have said had you chosen to call them is not part of the record.
Re: What Information Can Be Brought Up in Appeal
Thank you. My "wishful thinking" was actually for your answer. The other side listed 23 witnesses in discovery and many of them were allegedly going to come in and testify to things that they truly knew nothing of. However, if someone were to read their "anticipated" testimony and take it for fact, it would look bad. If any of it were true, it would be bad!