We have been to trial for equitable distribution three years ago. My ex asked for a Rule 59 hearing and was granted one. He was allowed to present new evidence. I had a large amount of evidence that proved that the judge’s finding of facts were based on my ex’s lies and not on any physical evidence. The judge simply said that he was not retrying this case. My ex was permitted to submit his new evidence. I was not.
Here is my question…the evidence I submitted to the court but the judge refused to consider is it in the file and will it go up to the Appeals Court for them to see and consider? It’s my understanding that no new evidence gets submitted in an appeal so would they get to see what I submitted during Rule 59?
If you introduced your evidence as exhibits throughout the trial, moved that they be entered into evidence, and the judge allowed, then they are part of the court record that would be sent to the court of appeals in the event of an appeal.
It is correct that the court of appeals does not hear new evidence but rather then review the trial court record and determine if the trial judge made an error when making his/her ruling.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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