A “trial de novo” is a legal term that refers to a new trial on the entire case, both on issues of fact and issues of law.
This type of trial occurs in a higher court after the judgment of a lower court (like a small claims court) has been challenged through an appeal.
Here are some key points about a trial de novo:
- Starts Anew: In a trial de novo, the case is heard as if it were being tried for the first time. This means that the higher court does not review the findings or decision of the lower court but instead re-examines the case from the beginning.
- No Reference to Previous Judgment: The judge or jury in a trial de novo does not consider the previous judgment or the reasoning behind it. They evaluate the evidence and legal arguments afresh, without being influenced by the earlier decision.
- Comprehensive Scope: Unlike some appeals that might focus on specific legal errors or procedural issues, a trial de novo encompasses a full re-hearing of both the factual and legal aspects of the case.
- Common in Small Claims Appeals: Trial de novo is particularly common in the context of small claims court appeals. When a party appeals a small claims court decision, the higher court (such as a district court) often conducts a trial de novo rather than just reviewing the lower court’s decision for legal errors.
- Purpose: The purpose of a trial de novo is to provide a fair and complete re-evaluation of the case, ensuring that the decision is based on the merits of the case rather than any potential errors or limitations of the initial trial.
It’s an important aspect of the legal system because it allows for a thorough and impartial reexamination of a case, ensuring that justice is served based on the most complete and accurate evaluation of the facts and applicable law.
