Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

trial de novo

Read a random definition: act of commission

A quick definition of trial de novo:

A trial de novo is like a do-over of a court case. It happens when someone disagrees with the decision made in arbitration (a way to solve legal problems without going to court). In a trial de novo, everything is decided again, like it's the first time. This is important because everyone has the right to a fair trial, even if they already went through arbitration. There are rules about when and how to ask for a trial de novo, and it can only happen if there was an arbitration award (a decision made in arbitration). If there was a settlement (an agreement made outside of court), then there can't be a trial de novo.

A more thorough explanation:

A trial de novo is a new trial that takes place as if there had been no previous trial. This means that both questions of fact and issues of law are determined again.

A trial de novo is often used to challenge awards found in arbitration. While arbitration is a way to resolve smaller cases quickly, it is important to allow an unsuccessful party to demand a trial de novo because of the constitutional right to a jury trial.

To demand a trial de novo, there are certain procedural requirements that must be followed. For example, in Washington, a party must request a trial de novo within 20 days after the arbitration award is filed. The time limit to demand a trial de novo after an arbitration award has been filed also varies by jurisdiction.

It is important to note that a trial de novo can only be held on the basis of an arbitration award. If a settlement is reached, then there is no right to a trial de novo.

John and Jane have a dispute over a car accident. They agree to go to arbitration to resolve the issue. The arbitrator awards Jane $5,000. John is unhappy with the decision and decides to demand a trial de novo.

In the trial de novo, the case is heard again as if there had been no previous trial. The judge and jury will make a new decision on the case.

trial court | trial judge

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.