Legal Definitions - Venire facias de novo

Venire facias de novo is a Latin legal term that refers to a formal order issued by a judge. This order requires a completely new jury to be selected and summoned for a case. It is typically issued when there has been a significant problem or defect with the original jury's verdict or their findings, making it impossible to proceed with a judgment based on their conclusions. The issuance of a venire facias de novo effectively nullifies the previous jury's work and mandates a new trial with a fresh jury.

• Example 1: Contradictory Verdict

  Imagine a civil lawsuit where a jury is asked to determine fault and damages. The jury returns a verdict that finds the defendant entirely responsible for the plaintiff's injuries, but then simultaneously awards zero dollars in damages, despite clear evidence of harm. Because the jury's findings are irreconcilably inconsistent and cannot form the basis for a coherent judgment, the judge might issue a venire facias de novo. This means the original verdict is set aside, and a new trial will be held with a different jury to properly determine liability and damages.

• Example 2: Jury Misconduct or Improper Influence

  Consider a criminal trial where, after the jury delivers a guilty verdict, it is discovered through a post-trial investigation that one or more jurors had secretly conducted their own research about the case outside of court, or that they were improperly exposed to highly prejudicial information not presented during the trial. Such serious jury misconduct or external influence compromises the integrity of the original verdict. To ensure a fair trial, the judge would likely issue a venire facias de novo, canceling the previous verdict and ordering a new trial with a newly selected, impartial jury.

• Example 3: Incomplete or Legally Insufficient Findings

  In a complex commercial dispute, the jury might be asked to answer a series of specific factual questions (sometimes called a "special verdict" or "return") that will guide the judge in applying the law. If the jury's answers are ambiguous, incomplete, or fail to address critical factual elements required by law to resolve the dispute, the judge cannot legally apply them to render a judgment. In this situation, a venire facias de novo would be ordered, requiring a new trial with a new jury to properly address all necessary factual determinations.