Florida Regulations 73B-21.011: Newly Discovered Evidence
Current as of: 2024 | Check for updates
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(1) A party may request the Commission to consider newly discovered evidence which by due diligence could not have been discovered in time for presentation at the hearing before the appeals referee.
(2) The request shall be in writing and shall include a clear and concise description of the evidence. The requesting party shall demonstrate that the evidence is material to the outcome of the case and that it could not have been discovered prior to the hearing by an exercise of due diligence.
(3) When the Commission grants a party’s request to enter new evidence into the official record, the opposing party shall be given the opportunity to examine the evidence and offer rebuttal.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, 60BB-7.005, 73B-22.005.
Terms Used In Florida Regulations 73B-21.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) When the Commission grants a party’s request to enter new evidence into the official record, the opposing party shall be given the opportunity to examine the evidence and offer rebuttal.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, 60BB-7.005, 73B-22.005.