Encyclopedia > Trial de novo

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Trial de novo

In law, the expression Trial de novo literally means "new trial".

It is most often used in certain legal systems that provide for one form of trial, then another if a party remains unsatisfied with the decision.

One feature that distinguishes an appeal proceeding from a trial de novo is that new evidencemay not be presented in an appeal. 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 did not allow all the facts; if that claim is successful the appeal judge will often order a trial "de novo". In order to protect the individual's rights against double indemnity ordering a trial "de novo" is often the exclusive right af an appeal judge.

For example, a system may relegate a claim of a certain amount to a judge but preserve the right to a new trial before a jury.

See also appeal.



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