§ 39-5-5 - Discovery of new evidence.
SECTION 39-5-5
§ 39-5-5 Discovery of new evidence. –If after appeal has been taken to the supreme court, new evidence shall bediscovered by any party, an affidavit setting forth the newly discoveredevidence shall be filed in the supreme court, and if that court finds the newlydiscovered evidence to be of such character and sufficient importance towarrant reconsideration of the matter by the commission, the clerk of thesupreme court shall transmit a copy of the affidavit to the commission forfurther consideration, and the court shall stay further proceedings in thesupreme court for such time as it shall deem proper. The commission uponreceiving the new evidence may confirm, alter, amend, rescind, or reverse thejudgment or order which was appealed, and shall report its action to the courtforthwith transmitting therewith a transcript of the new testimony. If thecommission rescinds or reverses its prior judgment or order, the appeal shallbe dismissed. If the prior order or judgment is confirmed, or if it is alteredor amended, the altered or amended judgment or order shall be substituted forthe original order or judgment, and the proceedings in the supreme court shallcontinue accordingly.