CASE 115
Rule 66.1, Reopening a Hearing
Interpretation of the word ‘new’ as used in rule 66.1.
Question
What criteria should the protest committee use to decide whether or not
evidence is ‘new’?
Answer
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