Cox v. Persson

“A trial court generally has the discretionary authority to reopen a case on remand or otherwise to allow for presentation of additional evidence.” ZRZ Realty v. Beneficial Fire and Casualty Ins., 349 Or 657 (2011).

Defendant appealed a post-conviction denial of her request to reopen the record and submit additional evidence. On appeal, Defendant assigned error to the denial of her request to reopen the record and argued that the court’s ruling was too narrowly construed for the scope of the ordered remand. The State replied that the remand was only to address prejudice and did not return the case to its pretrial position. “A trial court generally has the discretionary authority to reopen a case on remand or otherwise to allow for presentation of additional evidence.” ZRZ Realty v. Beneficial Fire and Casualty Ins., 349 Or 657 (2011). The Court found that the trial court misunderstood the scope of its discretion. Therefore, a remand in order for the trial court to determine whether to allow additional evidence to be introduced is proper. Vacated and Remanded.