Family Law Questions? Ask a Family Lawyer Online.
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You can file a Motion to Submit New Evidence or a Motion for New Trial but you can't do that and an appeal at the same time.
I am not sure that the evidence is going to be able to be used. It is a recording of the father saying he is purchasing drugs. Can something like this be used as evidence without the person stating their name exactly. He does give a lot of information as to who his daughter is and names other people in his life. Is this something submittable as evidence?
You can offer it as evidence by being able to testify that you recognize his voice.
Would it have to go through the same judge?
Usually, yes. If the judge retires another one will take his place and then that would be the judge you use.
There is no mechanism for getting a new judge just because you don't like this one or because they ruled against you.
How long would it take for the evidence to be reviewed?
It depends on the judge and they may not even review it.
They don't have to if they choose not to.
Oh. I see. You are saying they can decide not to review it?
Yes. If the trial is completed they don't have to accept additional evidence.
Well. I see. Thank you very much for your time. This has helped tremendously. It is a great service.
You're very welcome and I am glad to be of assistance.