Trial de novo

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In law, the expression trial de novo means a "new trial" 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.

Common law[edit]


For example, a system may relegate a claim of a certain amount to a judge but preserve the right to a new trial before a jury.[citation needed]



United Kingdom[edit]

In UK law, appeals to the Crown Court against convictions in the Magistrates Court are held de novo.[citation needed]


United States of America[edit]

In the United States, some states provide for bench trials only for small claims, 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 Superior or Municipal Court for a brand-new trial. Unlike the appellate court which only examines the issues raised in the original trial, in a trial de novo a brand new trial takes place. The Supreme Court of Virginia said this in Santen v. Tuthill, 265 Va. 492 (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.'"[1]



  1. ^ Santen v. Tuthill, VA, US: Courts, decided April 17, 2003, Case No. 021781, retrieved May 2, 2010  .

See also[edit]