Terms
Trial De Novo
A trial de novo is a type of appeal in which the appeals court holds a trial as if a prior trial had never been held. A trial de novo is often conducted in appeals from small claims court judgments. A trial de novo may also be ordered on appeals from administrative agency decisions or arbitration awards. Trial de novo is often used in the review of administrative proceedings or the judgments of small claims court. If the determination made by a lower body is overturned, it may be renewed de novo in the review process, usually before it reaches the court system. The courts, on a de novo basis, may sometimes review administrative decisions.
You may be wondering about the difference between an appeal and a trial de novo. One characteristic that differentiates an appeal proceeding from a trial de novo is that new evidence may not be presented in an appeal, although there are some cases when evidence just came to light after the trial and couldn't have been presented in the lower court.
The general rule is that an appeal must be based solely on "points of law" as opposed to "points of fact." Appeals are usually based on the claim that that the trial judge or jury did not allow or appreciate all the facts. If this claim is satisfied, the appeal judge will often order a trial de novo. The main concern is protecting an individual's rights against being subjected to double jeopardy, so ordering a trial "de novo" is often the exclusive right of an appeal judge.
A trial de novo application must be filed with the clerk serving the associate circuit judge within ten days after the initial judgment is rendered to secure a right of trial de novo. A copy of the trial de novo application will also be mailed by the clerk to the opposing party or attorney of record, or served upon him as provided by law for the service of notices within fifteen days after the judgment was rendered.
An application for a trial de novo cannot be served until the applicant, together with one or more solvent surety to be approved by the associate circuit judge. This must be performed within the time prescribed before the associate circuit judge to the adverse party. A sufficient sum is needed to secure the payment of such judgment and costs, and with the condition that the applicant will prosecute his application for trial de novo with due diligence to a decision. If such trial de novo judgment is found against him, the defendant is required to pay such judgment, and if his or her application for trial de novo is dismissed, he or she will pay the judgment rendered by the associate circuit judge, together with the costs.
If your initial trial ran into some problems, you don't have to be satisfied with a defeat. A trial de novo may be the second chance that you need to get the outcome you deserve. An experienced de novo attorney can help you organize the facts and proceedings to ensure you get a chance at trial de novo.
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