9.1.5.010 New Evidence

(a) New evidence may be presented to obtain a rehearing or an appeal from the order of the Children's Court.

(1) A child whose status has been adjudicated by a Children's Court of his parent, guardian, custodian or spouse may, at any time ninety (90) days of the filing of the Court's order, petition the Court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the Court's original adjudication or disposition. Upon a showing that such evidence does exist, the Court shall order a new hearing and make such disposition of the case as the facts and the best interests of the child warrant.

(2) An appeal may be taken by the aggrieved person from a final order affecting the aggrieved person, including but not limited to an order adjudging a child to be dependent, neglected, delinquent of a child traffic offender.

(3) The appeal shall be taken to the Court of Appeals within thirty (30) days of the filing of the order of the Court. The Clerk of the Court shall notify the person having custody of the child of the appeal. Failure to notify the person having custody of the child does not affect the jurisdiction of the Court of Appeals. The order of the Children's Court shall stand, pending the determination of the appeal, but the Court of Appeals may, in its discretion and upon application, stay the order.

(4) The appeal from the Children's Court is taken to the Court of Appeals of the pueblo of San Ildefonso Judiciary which shall try the case over. The procedure on the appeal shall be as prescribed in the Rules of the Court.