trial de novo


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Related to trial de novo: Release on Recognizance

trial de novo

n. a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments.

References in periodicals archive ?
Third, an initial appeal in France is always a trial de novo, whether as a new jury trial (at the assize court hearing an appeal), or as an appeal to the appeal court where the case can essentially be re-opened and re-tried in accordance with the applicable rules of evidence.
In allowing the Tax Court to conduct a trial de novo in innocent spouse cases, the Eleventh Circuit has essentially changed the function of the Tax Court in these cases from a court of appeal to a trial court.
SB 548 (Burton) would allow the FTB to bring a trial de novo proceeding in superior court after the Board of Equalization had ruled in the taxpayer's favor.
United States, (74) the Court found that the appellant was not entitled to a trial de novo on the issue of negligence, even though the appellant argued that the issue of negligence was a mixed question of law and fact.