Public Utilities and Carriers


SECTION 39-5-5

§ 39-5-5. Discovery of new evidence.

If after appeal has been taken to the supreme court, new evidence shall be discovered by any party, an affidavit setting forth the newly discovered evidence shall be filed in the supreme court, and if that court finds the newly discovered evidence to be of such character and sufficient importance to warrant reconsideration of the matter by the commission, the clerk of the supreme court shall transmit a copy of the affidavit to the commission for further consideration, and the court shall stay further proceedings in the supreme court for such time as it shall deem proper. The commission upon receiving the new evidence may confirm, alter, amend, rescind, or reverse the judgment or order which was appealed, and shall report its action to the court forthwith transmitting therewith a transcript of the new testimony. If the commission rescinds or reverses its prior judgment or order, the appeal shall be dismissed. If the prior order or judgment is confirmed, or if it is altered or amended, the altered or amended judgment or order shall be substituted for the original order or judgment, and the proceedings in the supreme court shall continue accordingly.

History of Section.
(P.L. 1969, ch. 240, § 8; P.L. 1997, ch. 326, § 108.)