Practitioners must strictly comply with UCPR r 51.51 when seeking to adduce fresh evidence on appeal, including filing a motion and affidavit establishing special grounds — inclusion of untended material in appeal books without proper application is impermissible regardless of opponent's silence. In civil contempt proceedings, fitness to plead must be established through admissible evidence served with procedural fairness to the opposing party; repeated ambush service of expert reports will be rejected and may undermine the claim of incapacity itself.
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