Civil & Commercial Appeals · Legal briefing

Documentary Evidence & Appellate Review

By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:

The practical dilemma

A bank record, signed contract or explicit email appears to support your case but is not mentioned in the judgment.

The legal position

Restraint over live-testimony findings may be less restrictive for documents, logical inference or substantial record contradictions, without automatic intervention. An unmentioned document was not necessarily ignored. Show lawful submission and material significance. Evidence absent from trial cannot simply be appended to the appeal; new-evidence procedures must be examined separately. Official source 1

Your next step

Identify the document, submission date and argument made about it. Explain the specific contradiction and distinguish existing from new evidence. Assess whether the issue concerns fact, legal inference or another remedy.