In literal terms, “de novo” is a latin phrase that translates to “beginning again.” A trial de novo is thus a new trial. In legal terms, a trial de novo is a new trial, also referred to as a criminal appeals retrial, in which the entire case that was originally heard by the trial court is presented to an appellate court as if there had been no previous trial.
In a trial de novo, an appellate court holds a new trial as if no prior trial was held by the lower court. The appellate court then considers all evidence anew, rather than simply reviewing the lower court’s decision for correctness or an error of law. Further, new evidence and witness testimony may be presented in a trial de novo. It is important to note that trial de novo, de novo hearing, and writ of de novo are all terms that may be used interchangeably.
When Is a Trial de Novo Granted?
It is important to note that whether or not an individual will be able to demand a trial de novo is dependent on the jurisdiction in which their case was presented. Additionally, the rules regarding whether or not a trial de novo may be granted also vary by jurisdiction. There are also typically time limits in which a trial de novo must be demanded.
For example, in the state of Indiana a court may grant a trial de novo if a party to the civil lawsuit makes a written request for a trial de novo.
The written request for the trial de novo must typically include all of the following:
- The full legal name of the party making the request for trial de novo;
- The full legal name and contact information of the attorney representing the party making the request;
- The full legal name and contact information for all of the other parties subject to the civil lawsuit, and their attorneys names and contact information;
- The name of the court that rendered the initial decision for which the request for trial de novo is being demanded;
- The date the initial court rendered the decision;
- The actual written request for a new trial; and
- Proof that all of the other parties were provided notice of the demand for the trial de novo.
Trial de novos are typically granted to challenge awards rendered in arbitration or to challenge the decision of lower courts, such as a small claims court. Once again, there are certain procedural requirements that must be met in order for a trial de novo to be granted by an appellate court.
Further, it is also required that all other parties that appeared in the initial case be notified of any demand made for a trial de novo. As such, it is important to consult the rules that govern trial de novos in the jurisdiction in which the initial court decision was made.
What Can Be Heard in a Trial de Novo?
Once again, a trial de novo is not the same as an appeal of a lower court decision. In an appeal, the appellate court will not hear any new evidence or witness testimony. Instead the appellate court will only look to see if there was an error of law that resulted in an incorrect decision being made by the lower court. This means that only factual disputes can be reviewed in a direct appeal of a lower court’s decision.
On the other hand, in a trial de novo new evidence and new witness testimony can both be heard. Once again, a trial de novo is a complete retrial of all facts and legal arguments. The court of appeals will thus hear the case anew without taking anything the lower court did into consideration.
It is important to note that in a trial de novo court, any previous awards or sentences will be completely dismissed, and the trial de novo court’s ruling will be the new award amount or sentence. This means that if there is a trial de novo conducted that results in harsher criminal penalties, the defendant cannot ask to go back to the previous court’s decision regarding sentencing.
Can a Trial de Novo Be Denied?
As mentioned above, not every request for a trial de novo will be granted. In fact, most requests for trial de novos are denied based on the failure of the party making the request following the procedural requirements for their jurisdiction. Typically, the time period allowed for an individual to request a trial de novo is very short, most commonly within 30 days from the day the original decision was rendered. Most requests for trial de novo are thus denied because they are not made within the required time limit.
Another common reason for a trial de novo to be denied is failure to properly notify all of the parties subject to the case within the appropriate time frame. Failure for all of the required parties to appear, or proof that they were properly notified but did not appear, will result in the request for trial de novo either being denied or dismissed.
What’s a De Novo Appeal?
In short, a de novo appeal is an appeal of a lower court’s rendered judgment, where the appellate court utilizes all of the records from the trial court, but they still review the laws and evidence without considering the ruling made by the lower court. Once again, this is different from a direct appeal, which reviews the lower court’s decision.
A de novo appeal may be different from a trial de novo, as a de novo appeal will accept the facts and evidence of a lower court’s decision, but simply ask an appellate court to make a decision based on what was presented without looking at the decision that was initially made. Typically, an appellate court that grants a de novo appeal will review one or more legal issues that may have been incorrectly decided or not sufficiently addressed in the lower court’s decision or an award made in arbitration.
Thus, the de novo standard of review is a non deferential standard of review. This means that the appellate court will not place any weight on any previous court’s findings or judgments rendered. Instead, they are free to make a new decision or reverse the lower court’s decision entirely. so it doesn’t place any weight on previous court findings. A de novo judicial review can reverse the trial court’s decision.
reviews the laws and evidence without considering the previous ruling. This is slightly different from a trial de novo, wherein the original record isn’t referred to. A de novo appeal is sometimes called a “de novo review” or “de novo judicial review”.
Trials de novo are somewhat uncommon due to the time and resources that are required to try an entirely new case. On the other hand, de novo appeals are more common. This is because in a de novo appeal the facts of the case often remain established and new evidence doesn’t need to be introduced. Instead, the court will proceed to review one or more legal issues that may not have been sufficiently addressed during the previous trial.
Should I Contact a Lawyer for Help with a Trial de Novo?
As can be seen, a trial de novo involves a completely new trial by an appellate court. As such, if you are not represented by an attorney, you will be at a disadvantage.
Thus, it is in your best interests to consult with an experienced criminal defense attorney, if you are not already represented. An experienced attorney will be able to help you assert your best legal case, and represent you at any necessary in person proceedings.
