- Trial de novo
Civil procedure in the United States
- Federal Rules of Civil Procedure
- Doctrines of civil procedure
- Pre-trial procedure
- Resolution without trial
In law, the expression trial de novo means a "new trial" by a different tribunal (de novo is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial de novo is usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law.
In the United States, some states provide for bench trials only for small claims, criminal and traffic offenses, and criminal offenses with a penalty of imprisonment of less than six months, then provide the ability to appeal a loss to a higher court for a brand-new trial. In opposition to the standard practice of the appellate court only examining the issues raised in the original trial, the entire case is tried over from scratch. The Supreme Court of Virginia said this in Santen v. Tuthill, 265 Va. 492 (2003), about the practice of an appeal from District court trial de novo to 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.'"
It is often used in the review of administrative proceedings or the judgements of a small claims court. If the determination made by a lower body is overturned, it may be renewed de novo in the review process (this is usually before it reaches the court system). Sometimes administrative decisions may be reviewed by the courts on a de novo basis.
In common law systems, one feature that distinguishes an appellate proceeding from a trial de novo 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, however, 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 against double jeopardy ordering a trial "de novo" is often the exclusive right of an appeal judge.
In American Federal Court systems, "de novo" can also refer to a Standard of review for 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.
De novo review 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, is de novo. Also, where the appellate court undertakes judicial review of compulsory arbitration proceedings that were required by statute, the reviewing court must conduct a de novo review of the interpretation and application of the law by the arbitrators.
- ^ Santen v. Tuthill, Case No. 021781, decided April 17, 2003, http://www.courts.state.va.us/opinions/opnscvwp/1021781.pdf , retrieved May 2, 2010.
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См. также в других словарях:
trial de novo — n: a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place compare mistrial Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
trial — tri·al n [Anglo French, from trier to try]: a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare hearing, inquest at trial: in or during the course of a trial Merriam … Law dictionary
trial — A judicial examination and determination of issues between parties to action, whether they be issues of law or of fact, before a court that has jurisdiction. Tittsworth v. Chaffin, Mo.App., 741 S.W.2d 314, 317. A judicial examination, in… … Black's law dictionary
trial anew — Same as trial de novo … Ballentine's law dictionary
de novo — de no·vo /dē nō vō, dā / adv or adj [Medieval Latin, literally, from (the) new]: over again: as if for the first time: as a: allowing independent appellate determination of issues (as of fact or law) a de novo review b: allowing complete retrial… … Law dictionary
De novo — In general usage, de novo is a Latin expression meaning from the beginning, afresh, anew, beginning again. It is used in: De novo synthesis of complex molecules from simple molecules in biochemistry Trial de novo, or a new trial in the legal… … Wikipedia
New trial — A new trial or retrial is a recurrence of a court case. Depending on the rules of the jurisdiction, a new trial may occur if: a jury is unable to reach a verdict (see hung jury); a trial court grants a party s motion for a new trial, usually on… … Wikipedia
new trial on appeal — A new trial or trial de novo with limitations. The normal review on appeal or by error proceeding is confined to consideration of the record below, with no new testimony taken or issues raised in the appellate court, the tendency being to limit… … Ballentine's law dictionary
de novo trial — See trial de novo … Ballentine's law dictionary
de novo — Anew; over again; a second time. See 1 Bl Comm 186. See trial de novo … Ballentine's law dictionary