trial de novo


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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 Franchise Tax Board to bring a trial de novo proceeding in superior court after the State Board of Equalization had ruled in a taxpayer's favor.