{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil-procedure:2015:article:368","workId":"law:eri:code:civil-procedure:2015","expressionId":"law:eri:code:civil-procedure:2015:en","title":"New Facts and Arguments","number":"368","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/368/","hierarchy":{"book":"BOOK VI — APPEAL, EXTRAORDINARY REVIEW, THIRD-PARTY OPPOSITION AND REVISION","title":"TITLE I — APPEAL","chapter":"Chapter 2. — Form and Time of Appeal"},"paragraphs":[{"id":"p1","number":"1","text":"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.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/368/#p1","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":195,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/195/?article=368&paragraph=p1#article-368-p1"},{"sourceId":"civil-procedure-code-2015-en","pdfPage":196,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/196/?article=368&paragraph=p1#article-368-p1"}]},{"id":"p2","number":"2","text":"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.","canonicalUrl":"https://eriatlas.com/law/civil-procedure-code-2015/article/368/#p2","sourceTargets":[{"sourceId":"civil-procedure-code-2015-en","pdfPage":196,"url":"https://eriatlas.com/sources/civil-procedure-code-2015/page/196/?article=368&paragraph=p2#article-368-p2"}]}],"caution":"This is the English-language edition published in 2015 and attributed in its front matter to the Ministry of Justice. Refworld labels it an unofficial translation. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force."}