Legal Question in Appeals and Writs in California

You need to file a Motion for New Trial in the trial court, if it is not too late (which it may be, as there is a short deadline for such a motion.) That is the only way to get new evidence in front of the judge, although you will have to prove that you could not have offered that evidence before, which may not be the case. If that Motion for New Trial is denied, you can then argue to the Court of Appeal that the trial court should have reconsidered your case based on the new evidence.

Without going through these steps, you will not be able to present this new evidence for the first time to the Court of Appeal, and you will not be able to argue why this new evidence would change the outcome of your case.

That all being said, attorneys usually (but not always) have good reason for not offering certain evidence to the judge. As you know, there are rules of evidence that restrict the kind of evidence that can be admitted at a trial.

I am a certified appellate law specialist with 22 years of experience in the state and Federal Courts of Appeal throughout California. My website is www.foxappeals.com. Please contact me if you would like a consultation.