In an appeal from a decision by the trial court, the appellate court finds that certain necessary evidence was not taken by the trial court. The appellate court

A) Can only remand the matter of the trial court for taking additional evidence B) Shall decide the matter only on the basis of the evidence before it C) Shall presume that the missing evidence would have adversely impacted the case of the party who should have brought that evidence D) May take additional evidence itself

Answer & Solution

Correct Answer: Option D

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In an appeal from a decision by the trial court the...

In an appeal from a decision by the trial court, the appellate court finds that certain necessary evidence was not taken by the trial court. The appellate court

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