In appeal, a judge hears all incidental proceedings provided for in Title IV of Book II to the extent that they are applicable.
In exceptional circumstances, the Court may, if the interests of justice so require, allow a party to adduce, in such manner as the Court directs, indispensable new evidence.
Applications under this article are presented by motion, and the procedure is the same as in first instance, in the absence of rules of practice to the contrary.
During the hearing of such an application, any party may submit relevant evidence, and the judge or the Court, as the case may be, may return the case to the court of first instance so that further proof relating to the application may be made.
If, in the judge’s opinion, the interests of justice so require, the judge may refer an application to the Court.