Introducing New Evidence In Appeal

Summary

Appellate courts in kentucky generally do not accept new evidence not included in the original trial record. To introduce new evidence, consider filing a motion to remand or seeking relief from judgment under kentucky rule of civil procedure 60.02. Consult a local attorney for specific guidance based on your case details.

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My mortgage was transferred to another lender while same was in litigation for foreclosure. The trial court determined I did not have the right to reinstate my mortgage, but the new lender monthly statement says that I have the right to reinstate. How did I introduce this new monthly statement?
To introduce new evidence such as a monthly statement from a new lender in an appeal in Kentucky, you generally might not be able to do so directly as appellate courts review the existing trial record. However, you could consider the following steps:
- File a Motion to Remand: You might file a motion to remand the case back to the trial court to consider the new evidence.
- Motion for Relief from Judgment: Depending on the timing, you might also seek relief from the trial court under Kentucky Rule of Civil Procedure *.* if new evidence has come to light after the judgment.
It would be best to consult with a local attorney who can provide specific guidance based on your case details. Would you like assistance in finding a local lawyer who can help you with this process?