New Evidence in Family Law Appeals: What Qualifies and What Doesn't
New Evidence in Family Law Appeals: What Qualifies and What Doesn't
Family law cases often involve emotionally charged disputes, making it crucial to ensure that every detail is considered. If a party believes that the court made an error, they may choose to file an appeal. However, introducing new evidence during an appeal is a nuanced process. Understanding what qualifies as new evidence and what does not is essential for a successful appeal. Here’s what you need to know.
What Is Considered "New Evidence" in Family Law Appeals?
New evidence in family law appeals refers to information that was not available during the original trial and could not have been discovered with reasonable diligence. Examples might include newly uncovered financial records that were previously withheld, proof of fraud or misrepresentation by the other party, or testimony from a newly discovered witness who was unavailable during the trial. For evidence to qualify as "new," it must directly impact the outcome of the case and meet strict legal standards.
When New Evidence Is Permitted in Appeals
Appeals are not opportunities to retry a case or introduce evidence that was simply overlooked. Courts typically allow new evidence in rare circumstances, such as a substantial change in circumstances like a significant change in a parent’s income or living situation, proof of misconduct including evidence of deceit, coercion, or fraud that influenced the trial outcome, or errors in the trial process such as procedural mistakes that prevented the presentation of critical evidence. Courts prioritize the finality of judgments and will only consider new evidence if it meets these strict criteria.
What Does Not Qualify as New Evidence?
Not all additional information can be introduced during an appeal. Evidence that could have been obtained before the trial with reasonable effort, testimony or documents that merely restate points already presented, and opinions or assumptions about the original judgment without concrete proof typically do not qualify. It’s important to recognize that appeals focus on errors in applying the law or procedural missteps, not on revisiting factual disputes.
How to Present New Evidence in a Family Law Appeal
Introducing new evidence in an appeal requires thorough preparation and legal expertise. The steps often include filing a motion that clearly outlines why the evidence is new, relevant, and impactful, demonstrating due diligence to show that the evidence could not have been discovered before the trial, and presenting a strong argument that explains how the new evidence would change the case’s outcome. An experienced family law attorney can help ensure the process is handled correctly and efficiently.
Family law appeals can be overwhelming, particularly when trying to introduce new evidence. At Tasha Simmonds, P.A., we understand the complexities of appellate law and are committed to advocating for our clients in Fort Lauderdale, FL. Our legal team evaluates each case with precision, ensuring that any new evidence is presented effectively and in compliance with the law. While the process is challenging, having the right legal support can make all the difference.



