When a trial concludes, the losing party may feel that key facts or documents were overlooked, or that they’ve found something new that could change the case outcome. But Indiana appellate courts operate under strict rules that limit what can be introduced after the record closes.
Understanding when, if ever, “new evidence” can be considered on appeal is vital for anyone considering an appeal. This discussion explores the evidence rules in Indiana, the constraints of the appellate process, and when supplemental evidence or new documentation may be permitted through an appellate motion.
This guide from the attorneys at Ciyou & Associates, P.C., a respected Indianapolis appellate and family law firm, explains what litigants can expect when seeking to present new materials on appeal.
What Is the Indiana Appellate Process?
Appeals in Indiana are not retrials. Rather, they are a review of what occurred in the trial court to determine whether a legal error affected the outcome. The appellate court generally does not hear live testimony, accept exhibits, or reassess credibility.
In other words, the appellate record is “closed” once the trial court has entered its judgment. The record consists of pleadings, motions, exhibits, and transcripts formally filed and admitted below.
Finality of the Trial Record
Once a case moves from the trial level to the appellate level, the trial record becomes final. This principle safeguards stability, ensuring appellate decisions are based on the same materials that guided the trial judge.
Without such finality, an appeal could endlessly expand as litigants attempt to add new material long after the original judgment. Therefore, Indiana appellate courts are generally confined to reviewing only the existing record and issues preserved below.
Evidence Rules in Indiana: Key Principles
Under the Indiana Rules of Evidence, evidence must be properly admitted at trial to form part of the official record. Documents or testimony introduced after final judgment are not automatically valid for appellate review.
Two major principles guide this process:
- Relevance and Admissibility: Evidence must be admitted under the evidence rules during trial to be reviewed later.
- Preservation of Error: The issue, and the related evidence, must have been raised or objected to in the trial court to preserve it for appeal.
Failure to do so may bar the appellate court from reviewing that evidence, regardless of its importance.
Introducing New Evidence: General Rule and Exceptions
Generally, the Indiana appellate courts do not allow new evidence to be introduced after a judgment is final. However, limited exceptions exist under specific procedural rules.
Indiana courts may consider new evidence only when:
- The evidence relates to a post-judgment change affecting the appeal (e.g., mootness or change in law).
- The evidence forms part of a verified post-trial motion, such as a motion to correct error under Indiana Trial Rule 59.
- The evidence qualifies under narrow conditions for judicial notice under Indiana Evidence Rule 201.
Otherwise, supplemental facts discovered after the judgment must be presented first to the trial court, not directly to the Court of Appeals.
Supplemental Evidence and Appellate Motions
If critical information arises during an appeal, parties may file an appellate motion to supplement the record. This is known as a “motion to correct or modify record” under Indiana Appellate Rule 32.
These motions are limited in scope. They generally apply to correcting clerical errors or ensuring that the record accurately reflects what occurred below, not to inserting newly discovered documents that weren’t before the trial judge.
For instance, if a transcript page or exhibit was mistakenly omitted, a supplemental filing may ensure completeness. But the court will typically deny attempts to add evidence never presented at trial.
When New Documentation May Be Considered
Under rare and controlled circumstances, new documentation may be considered if:
- The appellate court remands the case to the trial court to take additional evidence.
- The new documentation relates directly to a procedural matter before the appellate court (e.g., a motion to dismiss for mootness).
- The parties agree on an uncontested fact and move jointly for judicial notice.
Such situations are procedural in nature and not opportunities to relitigate factual disputes. The purpose remains to ensure fairness and accuracy in the appellate review process, not to retry the case.
Post-Judgment Motions vs. Appeals
If a party discovers truly new, material evidence that could not reasonably have been found before trial, the proper remedy is often a motion to correct error or petition for relief from judgment under Trial Rule 60(B), not an appeal itself.
In those proceedings, the trial court has limited authority to reopen the case and consider such evidence. Only after that process is complete can the new findings, if any, become part of the appellate record.
This procedural distinction is one of the most misunderstood aspects of Indiana appellate law. Parties who attempt to introduce new documentation directly on appeal often face dismissal or rejection of that evidence.
Limited Remand or Judicial Notice on Appeal
Indiana appellate courts sometimes issue limited remands, orders directing the trial court to clarify a factual record or enter findings on a specific issue. This procedure allows additional consideration of evidence, but only as authorized by the appellate court.
Alternatively, an appellate court may take judicial notice of certain facts that are generally known or easily verified, such as public records or changes in controlling law. Judicial notice, however, is not a mechanism to submit new, disputed evidence favoring one side.
Common Misconceptions About New Evidence
Many litigants mistakenly believe:
- They can introduce new emails, texts, or documents uncovered after trial to strengthen their appeal.
- The appellate process reopens the case for additional fact-finding.
- The appellate court can consider “missing” evidence that was excluded below.
In reality, the appellate process is strictly a legal review. Trying to inject new factual evidence often undermines an appeal and can delay resolution. Proper handling of evidence occurs at the trial level before judgment.
Practical Tips for Preserving the Record
Because introducing new evidence on appeal is nearly impossible, sound trial preparation is key.
Parties can protect their right to appeal by:
- Making sure all relevant exhibits and testimony are admitted into evidence.
- Requesting on-the-record rulings for objections and motions.
- Filing written motions or offers of proof for evidence excluded by the trial court.
- Retaining complete transcripts and ensuring accurate documentation.
These steps ensure that any potential appellate issue is preserved and reviewable within the original record.
How Experienced Appellate Counsel Helps
Indiana appeals are procedural and document-driven. An experienced appellate attorney understands how to navigate the evidence rules, prepare a compliant record, and use procedural tools like supplemental evidence motions or judicial notice requests effectively.
At Ciyou & Associates, P.C., our appellate attorneys routinely handle complex trial and post-judgment issues, including family law and civil litigation appeals. From preserving error at trial to managing the appellate record, we ensure that each matter follows the exacting procedural rules governing evidence in Indiana appeals.
Conclusion
Indiana appellate courts rarely permit new evidence once the record closes. While narrow avenues exist through motions, remand, or judicial notice, these are exceptions, not the rule. Understanding these boundaries is critical to structuring an effective appeal and avoiding procedural pitfalls.
Properly preserving and presenting evidence at the trial level remains the best way to ensure that your case is positioned for appellate review. When issues arise post-judgment, experienced counsel can advise whether relief is possible through the trial court or via limited appellate procedures.
For individuals or attorneys concerned about how new documentation might affect an appeal, professional guidance can make the difference between a dismissed record and a successful outcome.
Frequently Asked Questions
Can I introduce new evidence in my Indiana appeal?
Typically no. Appeals review the existing record. Any new evidence must usually be presented first to the trial court through post-judgment motions.
What if I found new evidence after the trial ended?
You may file a motion to correct error or pursue relief under Trial Rule 60(B). If granted, that process can reopen the record for limited consideration.
Can the Court of Appeals consider facts that occurred after trial?
Sometimes, but only if they affect the appeal itself (for example, when a case becomes moot or a controlling law changes).
What if a transcript or exhibit was left out by mistake?
You or your attorney can file an appellate motion to correct or supplement the record under Appellate Rule 32.
Should I consult an attorney before trying to submit new evidence?
Absolutely. Indiana appellate procedure is complex, and errors can jeopardize your case. An appellate lawyer can evaluate your documentation strategy and direct the correct procedural path.
This blog post was written by the attorneys at Ciyou & Associates, P.C., an Indianapolis-based law firm focusing on family and appellate law. It is for educational purposes only and is not specific legal advice. For individualized counsel, contact our office directly.
