Wednesday, September 14, 2011

Washington RAP 9.11 (Additional evidence on review)

This law firm has been lying to me. I just found this, and it provides for allowing withheld evidence into the appellate court. Oh, and 9.10. RAP 9.10. Good one. Supplementary...incomplete record...allowing for time. Oh, and is this why I've been drugged with haldol and tortured? indigent pro se are provided with state monies to pay for costs and expenses.

RULE 9.11 ADDITIONAL EVIDENCE ON REVIEW (a) Remedy Limited. The appellate court may direct that additionalevidence on the merits of the case be taken before the decision of a caseon review if: (1) additional proof of facts is needed to fairly resolve theissues on review, (2) the additional evidence would probably change thedecision being reviewed, (3) it is equitable to excuse a party's failure topresent the evidence to the trial court, (4) the remedy available to aparty through postjudgment motions in the trial court is inadequate orunnecessarily expensive, (5) the appellate court remedy of granting a newtrial is inadequate or unnecessarily expensive, and (6) it would beinequitable to decide the case solely on the evidence already taken in thetrial court. (b) Where Taken. The appellate court will ordinarily direct the trialcourt to take additional evidence and find the facts based on thatevidence.

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