Evidence cannot be introduced at the appeals stage since this procedure is meant to review alleged legal errors occurring during the trial, not to reconsider factual evidence or to present new information.

There are a few narrow exceptions to the principle that new evidence is not permitted; something that might be accepted as new evidence are as follows:

(1) Motion for a New Trial (Before Appeal) : If a party discovers new evidence after trial, the party may file a motion for a new trial in the trial court. The evidence must be material, reasonably likely to change the result of the case, and could not have been discovered before trial with due diligence. The motion must be filed before the appeal process begins.

(2) Writ of Habeas Corpus (Criminal Cases) : If the new evidence indicates a wrongful conviction, the convicted person can file a Writ of Habeas Corpus, which is a separate legal action. This is often done considering new DNA evidence being discovered, a witness recanting, or evidence of prosecutorial misconduct. The petitioner must show that the newly discovered evidence essentially changes the outcome of the case.

(3) Remand by the Appellate Court : A party cannot present new evidence on appeal. However, the appellate court may remand (send back) the case to the trial court where the trial court can wrongfully exclude evidence, or there is a new legal precedent that influences the case. So, although new evidence cannot be presented on appeal, there are other means of considering new evidence based on newly discovered facts like a motion for a new trial, a writ of habeas corpus, or even a remand.