Generally, no. On appeal, the trial or pre-trial record is the entire factual universe that the appellate court will consider. An appeal is not a "second bite at the apple." You should never count on making arguments or presenting evidence on appeal that you failed to present to the trial court. In fact, appeals are regularly denied when a party relies on evidence outside the record. The one exception to this rule is found in criminal cases and is available in accordance with Rule 23B of the Utah Rules of Appellate Procedure. Under this rule, criminal defendants may try to admit evidence that their trial counsel provided unconstitutionally ineffective assistance at their trial.