Can New Issues Be Raised in an Appeal in the Appellate Court?

Appellate rules are fairly well developed. That said, one frequently asked question is whether new issues can be raised on appeal. Is this truly a new issue or, instead, is the issue supported by facts and inferences of the record. That is the central question. This blog explores if new issues can be raised in an appeal in the appellate court.

If a fact or inference supports arguing an issue on appeal, then it is possible these “new” issues are not really new issues at all and can be raised on appeal. In many cases, that is the situation. Is the issue well preserved for appeal? No. Does this weaken the argument for the issue? Yes. However, if facts and inferences support the issue then it can be raised.

On the other hand, the law is clear that a party may not raise a new issue on appeal under the cloak of similar, yet distinct issue that was properly pled before the trial court. Bringing up a new issue not raised in any cognizable form may well subject you to a frivolous filing and appellate sanction. Where does your case fall on the balance?

Ciyou & Associates, P.C. advocates have handled nearly 200 appeals and hundreds of appellate briefs. We can assist you with your appeal and whether issues have been waived because they were not plead in the trial court. This blog was written by appellate attorneys at Ciyou & Associates, P.C. for general educational purposes. This blog is not to be relied upon for any legal matter or issue. This blog is not legal advice. This blog is an advertisement.


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