QUESTION
What are the legal reasons for appealing a preliminary injunction ruling after 30 days?
Asked on Aug 22nd, 2013 on Litigation - Missouri
More details to this question:
If deliberately withheld documents come to light after the 30 day appeal period after a preliminary injunction hearing which shows the sworn statements produced and relied on at that hearing were falsifications, can that injunction be appealed and on what grounds?
1 ANSWER
I am not familiar with the specifics of Missouri practice, but in the Courts in which I practice, appeal of the first order would be the wrong procedure; an appeal relies entirely on the record presented to the Court below. As a general rule, you can't add new evidence. However, there should be a procedure for you to make a motion for the first court to reconsider its order based on newly discovered evidence which was not available to you the first time around.
Answered on Aug 23rd, 2013 at 10:40 AM