4:1-37. Additional evidence on appeal; modification of decision by director
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/nj/title-4/chapter-1/4-1-37A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Application may be made by any party to the Appellate Division of the Superior Court, in accordance with its rules, for leave to present additional evidence on the issues in the case and if it appears to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceedings before the director of the Office of Milk Industry, the court may order that the additional evidence be taken before the director upon such terms as the court may deem proper.
The director may modify his findings and rule, order, decision or determination by reason of the additional evidence and shall file with the Appellate Division of the Superior Court the additional evidence together with any modified or new rule, order, decision or determination.
Whenever, in its discretion, the court determines that the interests of justice so require, it may, with or without any such application first having been made to it, order that additional evidence be taken before it upon such terms as the court may deem proper.
L.1948, c. 447, p. 1781, s. 17.