Case 115
Rule 66, Reopening a Hearing
Interpretation of the word “new” as used in rule 66.
What criteria should the protest committee use to decide whether or not evidence is “new”?

Evidence is “new”
  • if it was not reasonably possible for the party asking for the reopening to have discovered the evidence before the original hearing,
  • if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or
  • if the protest committee learns from any source that the evidence was not available to the parties at the time of the original hearing.

World Sailing 2011
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