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baddestbunny
18:46
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LSDefine
Simple English definitions for legal terms
trial de novo
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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.