Article 368

Except as allowed by Article 367, no party may argue any fact that was not in evidence in the court which gave the judgment appealed from, except where such evidence was not available at the time of the previous proceedings. A party must seek leave of the appellate court to adduce such evidence.

An appellate court may allow amendment of a memorandum of appeal or cross appeal to raise additional arguments or consider additional evidence. In so doing it may order the payment of additional costs, require the service of additional copies, or impose such other conditions it may think fit.