On Remand, Trial Court Must Follow Mandate Without Taking Additional Evidence

In Walding v. Walding, [Ms. 2080054] (Ala. Civ. App. May 8, 2009), the Court of Civil Appeals noted the rule that "on remand, a trial court must comply strictly with the appellate court’s mandate ‘without granting a new trial or taking additional evidence.’"

After a the Court of Civil Appeals reversed a divorce judgment based on the husband’s appeal, the case was remanded to the trial court. The wife served discovery requests and requested that the trial court receive additional evidence.  The trial court, however, refused to receive the additional evidence and, instead, stated that it was just going to review the record.

The husband again appealed and raised the issue of the taking of new evidence.  The Court of Civil Appeals noted that the trial court did not accept new evidence, so, there was no error.  The divorce judgment was ultimately affirmed in part and reversed in part.