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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88708
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Dear Sir, I was answered by Mr. Dimitry Esq. that I cant

Resolved Question:

Dear Sir,

I was answered by Mr. Dimitry Esq. that I can't raise "new information" regarding evidences presented by the other party because my attorney failed to bring up that issue(fraudulent document) at that time in court. However, this is a question queried by an Appeal court judge because the document was inconsistent and odd. Although the Federal Circle panel's decision was that I failed because the other party didn't speak all of the truth. But I still have a right for petition of rehearing. Do I have a right to raise the issue of fraudulent document in my petition for rehearing? What will happen if I raise the issue on my petition ? Your answer will be appreciated
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
If you learned that the document was fraudulent only after the trial, then you can raise this issue on your rehearing, but if you knew of this during the trial and failed to raise the issue at trial, you are not supposed to raise the issue on appeal. That being said, if the appeals judge claimed the document was odd, then it does not hurt you on the rehearing to raise the fraudulent letter even if you did not raise it in the trial below and all the court can do is strike it from your appeal and not consider it. However, legally, they are not supposed to consider anything not raised in the trial below.

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Customer: replied 2 years ago.
Dear PaulMJD,

Thank you for your help. Appeal court panel queried the "odd" question to the other party on oral hearing. Are there any statute(laws #) to support my rights or obligations to answer appeal court panel's question to another party? The other party is very rich. Can he suit me later by filing another litigation against me because my action of raising the issue now? Your answer will be appreciated!
Expert:  Law Educator, Esq. replied 2 years ago.
I am afraid there is no law giving you the right to answer a question made to the other party. However, you are entitled to respond to whatever answer they give as part of the appeals process. He cannot sue you again for raising the issue now and the most he can do is file a motion to strike (remove) that part of your response.
Customer: replied 2 years ago.
Dear PaulMJD,

Thank you! Their document was a pasted document done by two different files. Panel asked: It's two different translations. They replied : "It's actually different reference. The transition of the reference that ended up not being relevant." You told me that I am entitled to respond to his answers. Does it mean that I can point out the inconsistent and odd part of their document and also provide related information to prove my argument? Your help will be appreciated!
Expert:  Law Educator, Esq. replied 2 years ago.
Yes, you can point out the inconsistencies in his answers in your reconsideration and you can attach any proof you have the document was not proper.
Customer: replied 2 years ago.
Dear PaulMJD,

Is there any statute(law #) for the right of "
Yes, you can point out the inconsistencies in his answers in your reconsideration and you can attach any proof you have the document was not proper." I need it to convince my attorney who was afraid of Panel's rejection of rehearing chance due to raising of the issue. Thank you very much!
Expert:  Law Educator, Esq. replied 2 years ago.
Not everything has statutes and law numbers I am afraid and this is one of them. This is a professional decision by the attorney replying to the case as to how to respond to the other party's claims. If this is in reconsideration, the attorney would have to respond to the grounds in the written appeal order and raise the letter as it was discussed by the court, which is the opening to raise the issue.
Customer: replied 2 years ago.
Dear PaulMJD,

Thank you! I am sorry I have no legal knowledge. What do you mean "If this is in reconsideration,"? After oral hearing, It's a case reversed (reverse decision published already) by appeal court. My attorney told me that I still one chance to apply petition for rehearing. Is this "in reconsideration"?
Expert:  Law Educator, Esq. replied 2 years ago.
That is what I just said, you had a hearing on appeal and you have a chance to ask for a reconsideration and in that reconsideration you would raise the issues and address the issues raised by the other party and the appeals court in the first appeal, which would include the letter.
Customer: replied 2 years ago.
Dear PaulMJD,

Thank you very much! Your help is so important to me! Thank you!

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you very much.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88708
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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