De Novo

A Trial De Novo

In general, de novo is a Latin phrase that means something along the lines of anew, beginning again, afresh, or from the beginning. In a legal context is most commonly used in a trial de novo, or a new trial. In a trial de novo, a different tribunal is used, often by the authority of the appellate court. A trial de novo is most often ordered when the original court did not properly make a determination in a case in the way that is appropriate by the law.

Unlike an appeals court, a trial de novo is tried as though there was never any prior trial, although it is a form of an appeal. New evidence cannot be submitted in a trial de novo. However, if is often done in a small claims court. A trial de novo may not only be requested by an individual who was involved in arbitration, but it can also be requested by someone involved in an administrative agency decision.

The general rule of the court is that appeal must be based only on the points of law instead of the points of fact. Appeals are usually rely on the claim that the judge or jury did not look at all the facts. If this claim is found to be true, the appeal judge often will order a trial de novo. The important issue is protecting an individual's rights against being tried for the same crime twice, or double jeopardy.

In order to apply for a trial de novo, an application is often required. The application can be given to the clerk associated to the circuit judge within 10 days of the when the first judgment was rendered in order to secure a trial de novo.

The application for a trial de novo application also gets mailed to the opposing party or his or her attorney by the clerk, or it can also be served as provided by the law for the service of notices up to 15 days after the rendered judgment

A trial de novo application often cannot be served until the applicant is approved by the associate circuit judge. This must be performed within the time given before the circuit judge to the adverse party. A sufficient fee is also needed to secure the payment of the costs of another judgment, all under the condition that an applicant will carry through the prosecution for trial de novo with due diligence to a decision.

If the trial de novo judgment is found against the individual, the defendant must pay for the judgment, and if the application for trial de novo is dismissed, the individual will pay also the judgment rendered by the circuit judge, in addition to the costs.