RULE 9.11
               ADDITIONAL EVIDENCE ON REVIEW

    (a) Remedy Limited. The appellate court may direct that additional
evidence on the merits of the case be taken before the decision of a case
on review if: (1) additional proof of facts is needed to fairly resolve the
issues on review, (2) the additional evidence would probably change the
decision being reviewed, (3) it is equitable to excuse a party's failure to
present the evidence to the trial court, (4) the remedy available to a
party through postjudgment motions in the trial court is inadequate or
unnecessarily expensive, (5) the appellate court remedy of granting a new
trial is inadequate or unnecessarily expensive, and (6) it would be
inequitable to decide the case solely on the evidence already taken in the
trial court.
    (b) Where Taken. The appellate court will ordinarily direct the trial
court to take additional evidence and find the facts based on that
evidence.