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Originally Posted On: https://thevalleylawgroup.com/blog/family-law-appeal-new-evidence/

Bringing New Evidence to a Family Law Appeal

Family court trials can be exceedingly challenging for those involved, both on an emotional basis as well as from a logistical standpoint. Family law cases often involve hardships or the potential of separating a family, which means the parties involved will need to navigate very emotional challenges. Whether divorce, issues of child custody or support, establishing paternity, handling cases of domestic violence, or other family hardships, the resulting outcome will come with significant implications on family life. Unfortunately, not all parties come away from a family law case feeling that the settlement involved is fair, equitable, or just.

Arizona has outlined an appeal process that applies to family court rulings to allow those with legal grounds to challenge the decision and potentially receive a different ruling. While grounds can vary, one of the most common situations that triggers an appeal a family court decision is when one party feels that they have discovered new evidence that, had it been presented in the original trial, would have led to a different outcome.

Unfortunately, new evidence in an Arizona family law appeal process may be more difficult to introduce than you may think. The Valley Law Group wants to help you understand the appeals process as well as what the discovery of new evidence might mean for your opportunity to navigate an appeal of a family court decision. Our skilled family law team can ensure you take the right approach to move your case forward.

Family Court Rulings Eligible for Appeal

Family Law cases are considered civil cases and, therefore, are governed by the associated laws. This is an important clarification because criminal court appeals follow a process different from civil trials. According to the Arizona Rules of Civil Appellate Procedure Rule 1, anyone who is involved in a civil case and feels aggrieved by the outcome has the right to appeal the decision of the original trial. However, the appeal must be filed within 30 days of the decision.

For most appeals to move forward, the party filing the appeal must be able to show that a legal error occurred during the original trial. In the motion, the party filing the appeal will most commonly show that a statute was improperly applied to the case, a decision was made that is legally contradictory to the evidence presented, or the wrong legal precedent was applied.

When a family court case in Arizona is appealed, it moves from a lower court to an upper court. The main purpose of the upper court is not to retry the case. There is not a jury present, but rather a panel of judges who will review the documents, evidence, and transcripts of the original trial based on the motion of appeal to see if there is valid reasoning to change the original ruling. Once the panel has reviewed the information, they will also listen to arguments presented by both parties and their legal representation.

At that point, they will offer one of these three types of rulings:

• Affirm – If the panel chooses to affirm the decision, they are stating that the original decision is upheld and remains valid.
• Reverse – If the panel chooses to reverse the decision, they will change the original trial decision.
• Remand – If the appeal is remanded, the panel is asking the original trial court to take further action or retry the case based on their findings.

If a party to the original case chooses to file a motion to appeal, the upper court will advise both parties and their respective attorneys regarding what may or may not be submitted, including any new evidence.

Can a Court of Appeals Hear New Evidence?

If you are granted an appeal, you may wonder if new evidence can be introduced in your case. In most cases, you will need legal assistance to introduce new evidence to your appeals case. An appeal case is designed to review the original evidence, witness statements, and transcripts from the initial trial to determine the grounds for which an appeal is considered. However, that is not to say that an appeal will be void of new evidence.

If you have new evidence and want it to be considered during your appeal, you must file a Motion to Supplement the Record. In this motion, you and your attorney will outline the new evidence as well as the reasons the new evidence should be considered. As such there are two rules that govern whether you can request that new evidence be considered in an appeal.

Rule 7. Record on Appeal

When you submit a Motion for Appeal, you will present a record of the original trial, including a transcript of the trial, documentation, and more. Rule 7 allows both parties to agree on what will be presented in the appeal in lieu of any part of that record. This means that if you have new evidence you wish to present, you can explicitly share it with the other party. If they agree to its inclusion, you can both sign an agreement that pertinent facts will be discussed outside of the original record.

The Record on Appeal Motion must include: 

• The appeal notice
• The original complaint
• Any responses by either party
• Counter and cross-claims
• Amendments

• Proof of service
• Written motions and any associated responses or documented discussions
• Any evidence, whether it was admitted or not

In addition to this documentation, both parties will have an opportunity to review the record on appeal before or after the transmission of the motion. If there were items missing or left out from the record, both parties will have an opportunity to provide that information in what is known as a Correction or Modification of the Record on Appeal.

Rule 83. Altering or Amending a Judgment

In Arizona’s Family Court, a court may choose to alter or modify its own judgment if there is evidence to conclude that either party involved may have had their rights challenged by either the court or the other party. The process for this is outlined in Rule 83.

Under this rule, a court may modify its original judgment if any of the following are true:

• The court did not give appropriate consideration to all submitted evidence.
• Either party was deprived of a fair trial as a result of the court’s procedures.
• There was misconduct by either party.

• There is the discovery of new evidence that could not have been properly identified or presented at the original trial.
• Evidence was deemed inadmissible or was rejected.
• The final decision was legally contradictory to the bounds of the law.

These reasons, and some others approved by the court, allow courts to change the decision according to the facts identified without requiring the parties to go through the entire appeal process. Because this is not directly a part of the appeal process, Motions for Judgments to be Reconsidered must be filed within 25 days of the judgment ruling. The other party is extended a period of 10 days to respond.

Can New Evidence Be Introduced in a Retrial?

A new trial may be granted by an appeals court if it identifies an error by the lower court that must be addressed. To amend a judgment, a new trial may be granted in which both parties are allowed time to argue their side. If a new trial is granted, both parties must be informed and given the opportunity to respond to the motion. However, if a new trial is granted, it must pertain to the grounds of the motion, which limits the scope of the arguments for both parties.

New trials could be granted based on any of the considerations by which a court could amend or alter a decision, as well as if either party feels the outcome of the case was insufficient or excessive. For example, a new trial may be granted if one party feels the amount of spousal support was excessive, wishes it to be reconsidered, and sufficient evidence reveals grounds for an appeal.

If the new trial is granted on the grounds that new evidence has been discovered that could not be discovered and produced within reason during the initial trial, the new evidence can then be introduced at the new trial as long as it is within the scope of consideration for the new trial.

Can You Raise New Issues on Appeal?

Unfortunately, for most appeals cases, the scope of the appeal is limited to what was presented and is on record from the original trial. Superior courts very rarely allow the presentation of evidence regarding new issues during an appeal. Appeals courts tend to limit the presentation of new evidence because they serve as a check and balance for the original trial court, and thus serve as a review of what occurred during the original trial. Appeals courts believe that if there is new information or new evidence that should be considered, the original trial court should have the opportunity to review the case again to make a different determination.

If you wish to present new evidence or new information about your case, your attorney will likely file a motion for a retrial as opposed to an appeal. This process provides the opportunity for the original trial court to rule on the case more effectively after considering all the associated facts.

What Is the Best Way To Win an Appeal?

There is never a guarantee that you will win an appeal or reverse the decision of the court; however, that does not mean that you should ignore ways to strengthen your appeal or dismiss the idea of an appeal altogether. The most effective start to any appeal is to work with an Arizona family law attorney who can help you review the trial and the information that led to the desire to file your appeal. Family law attorneys like the team at The Valley Law Group are skilled at reviewing the facts of family law cases to identify aspects that made the original trial ineffective.

It is important to remember that any party who feels they have a right to appeal because they were aggrieved by the outcome of their original trial can do so. However, only the strongest cases are considered for appeal. After filing your motion of appeal with your attorney, it is essential to strengthen your case.

To strengthen your appeal, your attorney should help you with the following:

Build Your Argument

In cases where you feel the original argument was weak or that the law felt as though it was working against you, you have the opportunity to strengthen the aspects that were lacking in the case. Perhaps the argument you and your attorney originally presented wasn’t clear or wasn’t understood properly. An appeal allows you the opportunity to correct that.

Develop and Express Clear Grounds for Appeal

Your appeal must be based on a procedural or legal error during the original trial. You must identify clear areas of the original trial that did not adhere to the proper legal parameters. After identifying the mistakes of the original trial, you and your attorney can argue that had they not occurred, the outcome of the trial would have been different.

Prepare a Solid Brief

When you appeal your case, your attorney will submit a brief on your behalf that outlines the scope of the appeal. With a clear, thorough brief, you set your case up for success from the beginning. Unfortunately, these briefs are difficult to create effectively without Arizona family law experience.

Meet Deadlines

It is crucial to meet all the deadlines for your appeal so that your appeal can be considered. Late motions could be denied, and your appeal dismissed. Your attorney can help you ensure you adhere to all relevant deadlines.

Create the Narrative

Remember that on appeal, you are not creating a new argument. You are presenting a narrative that outlines why the original decision should be reviewed. Be sure to include the facts of the case and rationale for the appeal request in a clear manner that tells the true and accurate story.

These are just a few of the ways you can help strengthen your appeal. Your attorney will work with you to ensure that your case is given the consideration it deserves. If your appeal is approved, your attorney can help you navigate the appeals process and strive for a more favorable outcome.

The Valley Law Group: Your Arizona Family Law Appeals Firm

Family law matters are complex, emotional, and often challenging proceedings that typically impact far more than the two parties involved. For this reason, moving forward after a trial can be difficult for many people, particularly if the outcome was less than desirable or you feel the court did not review all evidence that could have impacted the outcome of your case. If you are involved in a family court matter and feel the outcome was unfair, or unjust, or that legal procedures were missed, it is crucial to seek the help of a skilled family law attorney.

At The Valley Law Group, our team of Arizona family law attorneys is here to get you the answers you deserve. Whether you are facing a family law issue for the first time or need to appeal a recent decision, contact our team and let us put our knowledge and skills to work for you.

Resources:

1. Arizona Rules of Court. (n.d.). Rule 2.17: Conduct of trial proceedings. Westlaw. Retrieved August 23, 2024, from https://govt.westlaw.com/azrules/Document/NE68D0820387C11E480F7C166FF7F8F21?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29
2. Arizona Rules of Court. (n.d.). Rule 2.15: Evidence. Westlaw. Retrieved August 23, 2024, from https://govt.westlaw.com/azrules/Document/NBAAFCDA03F9811E4B4D7C67CCE44C05C?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=%28sc.Default%29
3. Superior Court of Arizona in Maricopa County. (n.d.). Lower court appeals process. Retrieved August 23, 2024, from https://superiorcourt.maricopa.gov/departments/superior-court/lower-court-appeals/#:~:text=Only%20if%20the%20Superior%20Court,12%2D910%20and%20JRAD%2010.
4. Superior Court of Arizona in Maricopa County. (n.d.). General appeals process information. Retrieved August 23, 2024, from https://superiorcourt.maricopa.gov/departments/superior-court/lower-court-appeals/#:~:text=Generally%2C%20no.,presented%20to%20the%20trial%20court.
5. Arizona Rules of Court. (n.d.). Rule 4.1: Filing documents. Westlaw. Retrieved August 23, 2024, from https://govt.westlaw.com/azrules/Document/NF09ED4A09A1311DD86F49F8874280CEA?transitionType=Default&contextData=%28sc.Default%29
6. Arizona Courts. (n.d.). How a case moves through the court system. Arizona Judicial Branch. Retrieved August 23, 2024, from https://www.azcourts.gov/guidetoazcourts/How-a-Case-Moves-Through-the-Court-System