Case 115

Rules
Rule66.1, Reopening a Hearing

Summary:
Interpretation of the word ‘new’ as used in rule 66.1.

Question 1:
What criteria should the protest committee use to decide whether or not evidence is ‘new’?

Answer 1:
Evidence is ‘new’ if it was not reasonably possible for the party asking for the reopening to have discovered the evidence before the original hearing, if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or if the protest committee learns from any source that the evidence was not available to the parties, or to the committee, at the time of the original hearing.

Answer 1:

Evidence is ‘new’

if it was not reasonably possible for the party asking for the reopening to have discovered the evidence before the original hearing,
if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or
if the protest committee learns from any source that the evidence was not available to the parties, or to the committee, at the time of the original hearing.