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  1. #1
    John RD. is offline Junior Member
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    De Novo Review - In the Federal Circuits of Appeal

    Under the Federal Circuits of Appeal, after Oral Argument, can the panel of judges demand new evidence be presented that was not presented in the briefs or in oral arguments or in the lower courts or is the record then "closed"?

    Is this sometimes part of the De Novo review process? Or do the judges rather decide the evidence is not sufficient and remand the case to the lower court?
    Last edited by John RD.; 05-01-2009 at 07:04 PM.
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by John RD. View Post
    Under the Federal Circuits of Appeal, after Oral Argument, can the panel of judges demand new evidence be presented that was not presented in the briefs or in oral arguments?

    Is this sometimes part of the De Novo review process? Or do the judges rather decide the evidence is not sufficient and remand the case to the lower court?
    **A: are you referring to the Federal Circuit Court of Appeals? What exactly is your question?
  3. #3
    Ronin is offline Member
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    Under the Federal Circuits of Appeal, after Oral Argument, can the panel of judges demand new evidence be presented that was not presented in the briefs or in oral arguments or in the lower courts or is the record then "closed"?
    The appeals court will not consider evidence or complaints not already in front of them (ie; the briefs and record as filed in the court of appeals) and which were not properly raised in the lower court and preserved on appeal. Oral argument is not an acceptable means to introduce additional evidence or complaints that were not briefed.

    Is this sometimes part of the De Novo review process?
    The appeals court will only review De Novo pure questions of law (ie: if the judge clearly misinterpreted or misapplied a statute). They will consider properly raised and supported challenges to the sufficiency of the evidence, but not in the context of a De Novo review.

    Or do the judges rather decide the evidence is not sufficient and remand the case to the lower court?
    No. If the evidence to prove ones case on appeal is lacking, the appeals court will rule in favor of the lower courts judgment.
    Last edited by Ronin; 05-01-2009 at 07:32 PM.
  4. #4
    tranquility is offline Senior Member
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    On a basic question like this, without an attorney who can advise with the facts, no.
  5. #5
    John RD. is offline Junior Member
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    Thank you for your responses. This is very helpful.

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