Trial de novo

In law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, the expression trial de novo means a "new trial

Trial (law)

In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...

" 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

Small claims court

Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...

, 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

Supreme Court of Virginia

The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...

 said this in Santen v. Tuthill, 265 Va. 492

Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (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

Administrative proceeding

An administrative proceeding is a non-judicial determination of fault or wrong-doing and may include, in some cases, penalties of various forms. They are typically conducted by government or military institutions....

 or the judgements of a small claims court

Small claims court

Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's 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

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 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

Double jeopardy

Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...

 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 a judge

Judge

A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 but preserve the right to a new trial before a jury

Jury

A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

.

In American Federal Court systems, "de novo" can also refer to a Standard of review

Standard of review

In LAW, the standard of review is the amount of deference given by one court in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower...

 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.

In UK law, appeals to the Crown Court

Crown Court

The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...

 against convictions in the Magistrates Court are held de novo.

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.