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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32373
Experience:  Began practicing law in 1992
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Hi, Our child custody trial has ended and now there is new

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Hi,

Our child custody trial has ended and now there is new evidence to submit. The last judge is retiring and we would like a new judge. If we file a motion to submit new evidence, can we also file an appeal? Or does filing a motion to submit new evidence make filing an appeal impossible? Is there a way to submit both at the same time--do an appeal and also submit new evidence? thank you Tamera

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Customer:

Ok. Great.

JD 1992 :

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.

Customer:

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?

JD 1992 :

You can offer it as evidence by being able to testify that you recognize his voice.

Customer:

Would it have to go through the same judge?

JD 1992 :

Usually, yes. If the judge retires another one will take his place and then that would be the judge you use.

JD 1992 :

There is no mechanism for getting a new judge just because you don't like this one or because they ruled against you.

Customer:

How long would it take for the evidence to be reviewed?

JD 1992 :

It depends on the judge and they may not even review it.

JD 1992 :

They don't have to if they choose not to.

Customer:

Oh. I see. You are saying they can decide not to review it?

JD 1992 :

Yes. If the trial is completed they don't have to accept additional evidence.

Customer:

Well. I see. Thank you very much for your time. This has helped tremendously. It is a great service.

JD 1992 :

You're very welcome and I am glad to be of assistance.

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