What is a Trial de Novo?
In legal terms, "trial de novo" means "new trial" in Latin. It represents a unique legal proceeding where a case is examined afresh as though it had never been heard before. This approach ensures that parties get a fair chance to present their cases without the constraints of previous judgments.
Common Contexts for Trial De Novo
There are specific instances where a trial de novo is applicable. Here are a couple to keep in mind:
1. Appeals from Lower Courts: In several jurisdictions, particularly for civil or minor criminal cases, if a party is dissatisfied with a verdict, they can appeal for a trial de novo. Instead of reviewing for errors, the higher court conducts the trial from scratch, allowing new evidence and testimonies.
2. Traffic Violations: Some jurisdictions like the Municipal Court of Kansas City, Missouri allow a trial de novo for traffic offenses or other petty offenses, offering defendants another chance if a municipal judge's decision is unsatisfactory.
You must file a request for a Trial De Novo with the Municipal Court within 10 days of being found guilty. You cannot request a Trial De Novo if you pled guilty. Once the Municipal Court accepts your filing, it will automatically be bumped up to the Circuit Court for further proceedings. You may be required to pay a nominal filing fee with the Court.
Key Features of a Trial de Novo
The trial de novo offers a 'clean slate' by disregarding previous decisions. Here's what you should know:
- Fresh Start: The prior decision is not considered.
- New Evidence Allowed: Participants can submit evidence or testimony that wasn't presented in the original hearing.
- Variable Outcome: The verdict could either improve or worsen compared to the original verdict since it's a completely new evaluation.
Navigating legal proceedings can be complex, but understanding concepts like trial de novo empowers individuals to seek fair justice. Whether appealing a small claims decision or challenging an administrative ruling, trial de novo provisions can offer an opportunity for a fresh legal beginning.