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This message was self-deleted by its author (sl8) on Thu Nov 26, 2020, 02:21 PM. When the original post in a discussion thread is self-deleted, the entire discussion thread is automatically locked so new replies cannot be posted.
no_hypocrisy
(45,774 posts)Show all your cards at trial or risk losing any chance of presenting evidence in the future.
You can hope that the Appellate Court will allow "new evidence," but it better be REALLY NEW, i.e., it didn't exist or it wasn't discovered at the time of trial.
I've tried for a Reconsideration (of evidence presented at trial) with a return to trial. That's even harder.
Once you're in Appellate Court, all you can essentially debate is the law and procedure. Facts are essentially recorded in stone.
There is the possibility that your case could have prevailed with the additional evidence at trial, but you failed to make it available for consideration. And you could be looking at a friendly new case of legal malpractice by your client.
Response to no_hypocrisy (Reply #1)
sl8 This message was self-deleted by its author.
SCantiGOP
(13,856 posts)That is when a new witness or piece of evidence comes out after the first trial, but you have to show that you had no way to introduce that in the original trial. And then it just goes back to the original judge to see if they will declare a mistrial.
SomedayKindaLove
(524 posts)Hes eating the pieces. Joe Scarborough
NCjack
(10,279 posts)or suffer fools.
chriscan64
(1,789 posts)But also at play is the inevitable outcome due to no existing evidence to support the case. Just that weeds out most reputable attorneys. There may be a small handful of lawyers willing to play Don Quixote for a large fee, but like you say he doesn't even make good on payments so the field narrows to Rudy et al.
mn9driver
(4,412 posts)so it can be revealed at just the right time, is an actual legal strategy. Im not a lawyer, but even I know that isnt a thing. These people live in a strange world that isnt shared by the rest of us.
dalton99a
(81,073 posts)Keep your best evidence - and your best witnesses - for the Supreme Court
Zorro
(15,691 posts)Perry Moron is more like it.