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