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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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I was in a civil/domestic case a time ago. The case was

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I was in a civil/domestic case a long time ago. The case was appealed and facts were brought out that I feel would've changed the original decision. I want to submit a request to reopen the case based on new evidence. Basically, in the appeal the other party admitted to items they denied in the first hearing, causing the judge to make a decision based on a false fact-set.What is the process for submitting a request to reopen the case?
What State Is This And When Did The Appeal occur? When was the new evidence discovered? Post appeal?
Customer: replied 23 days ago.
Basically, the case was in beginning of 2001. The appeal was later that year. The decision, based on the real facts, was to release from jail. It was a contempt charge. The other party basically stated that she had no contact with me after an order was put in place. In the appeal she admitted to sending over 150 e-mails and spending a weekend together. The first judge didn't know that so he had me arrested. The second judge knew that and said that while I was technically guilty of the contempt, I shouldn't stay in jail because the other party was just as bad as me.The issue here is that for the past five years I've bee struggling with how to clear my record because it is affecting my business and social life beyond what you might expect. It is too late to appeal but I was told I could possibly submit a request to reopen the case based on new evidence. The evidence is basically what was brought to light in the appeal but the appeal judge didn't know about the lies the woman told in the first hearing and the first, District judge, didn't know about the facts brought to light in the appeal hearing.So, the idea is to somehow get a new hearing that would get the woman to admit, again, that she lied and misrepresented the facts and possibly get the judgement vacated, overturned or whatever the appropriate word is.There are some additional facts that can be used as well, that might be considered new evidence that was not presented in any of the previous hearings.

Unfortunately the appeal is the final determination of a case.

Unless there is new evidence post appeal that could not have been known despite the exercise of due diligence, the court will not allow the case to be reopened.

If enough time has passed, even if there is new evidence the court may still deny the request to reopen because of the judicial policy that promotes the finality of judgments.
I certainly wish I could have found something to the contrary.

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