Trial de novo

Inlaw,the expressiontrialde novomeans a "newtrial"by a different tribunal (de novois a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial" ). A trialde novois usually ordered by anappellate courtwhen the original trial failed to decide in a manner dictated by law.

Common law

Incommon lawsystems, one feature that distinguishes a trialde novofrom an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court). The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial "de novo". In order to protect the individual's rights againstdouble jeopardy,ordering a trial "de novo" is often the exclusive right of an appeal judge.

For example, a system may relegate a claim of a certain amount to ajudgebut preserve the right to a new trial before ajury.

In American federal courts, "de novo" can also refer to astandard of reviewfor courts of appeal. Sometimes, particularly potent issues are brought before an appeals court, such as a constitutional determination made by a lower court, or summary judgment granted by a lower court. When this sort of issue is on appeal, the court of appeals will review the lower court decision "de novo" or from the beginning. In this process, the panel of judges for the court of appeals will review the lower court's reasoning and fact-finding from the beginning, based on the record. This is a high level of scrutiny that is more likely to result in reversal or remand of an issue.

This is in contrast to more relaxed standards of review such as "clearly erroneous" or "substantial evidence." These relaxed standards usually do not result in reversals, as the court of appeals grants more deference to the judgment of the lower courts.

United Kingdom

In the law ofEngland and Wales,appealsto theCrown Courtagainst convictions in amagistrates' courtare heldde novo.

De novoreview refers to the appellate court's authority to review the trial court's conclusions on questions of the application, interpretation, and construction of law. Generally, the proper standard of review for employee benefit decisions, such as the denial of benefit claims, isde novo.Also, where the appellate court undertakes judicial review of compulsory arbitration proceedings that were required by statute, the reviewing court must conduct ade novoreview of the interpretation and application of the law by the arbitrators.

United States

In the United States, some states provide forbench trialsonly forsmall claims,traffic offenses,and criminal offenses with a penalty of imprisonment of less than six months, then provide the ability to appeal a loss to the trial court ofgeneral jurisdictionfor a brand-new trial. Unlike the appellate court which only examines the issues raised in the original trial, in a trial de novo a brand new trial takes place. TheSupreme Court of Virginiasaid this inSanten v. Tuthill,265 Va. 492(2003), about the practice of an appeal from district courttrial de novoto circuit court: "This Court has repeatedly held that the effect of an appeal to circuit court is to 'annul the judgment of the inferior tribunal as completely as if there had been no previous trial.'"Some states use a system combining aspects of traditional appeal and absolute trialde novo;for instance, inNew Jersey,decisions in minor criminal and traffic cases heard in the state's municipal courts may be appealed to the Law Division, Criminal Part of theSuperior Courtfor "trialde novoon the record, "in which the Law Division makes new findings of fact and conclusions of law based on the record produced in the municipal court's trial (i.e. based on the transcript of the municipal court proceeding and any physical or documentary evidence presented to the Municipal Court), but does not hold any evidentiary hearings itself.

It is often used in the review ofadministrative proceedingsor the judgements of asmall claims court.If the determination made by a lower body is overturned, it may be renewedde novoin the review process (this is usually before it reaches the court system). Sometimes administrative decisions may be reviewed by the courts on ade novobasis.

See also

• New trial
• Appeal