New evidence is a basis for an appeal in some cases where a defendant's rights were violated because important information was not presented for consideration at a hearing. The appellate review seeks to determine whether or not the new evidence presented in the appeal is such that it would have changed the outcome of the original hearing. If so, a new hearing will be scheduled to re-hear the case.
New evidence is evidence not introduced into the court record in the lower court, which is material to the issue in dispute. For example, advances in technology has led to recent appeals challenging convictions based upon new DNA testing evidence.
