Trial de Novo Request

Trial de Novo Request
A Trial de Novo Request is a legal request for a new trial, typically following a decision made by a lower court or an administrative body, where the requester seeks to have the case re-heard in its entirety as if the original trial had not occurred. This request is often made after a judgment is rendered in a small claims court or an administrative hearing.

In a trial de novo, the case is re-evaluated based on its full merits, allowing both parties to present their evidence and arguments anew. This process is significant because it provides an opportunity for parties who may feel aggrieved by the initial decision to seek a fresh review without being bound by the previous findings.

For example, in a small claims court case where one party believes the judgment was unfair due to errors in law or fact, they may file a Trial de Novo Request in a higher court. If granted, the higher court will conduct a completely new trial, considering all relevant evidence and testimony from the beginning.

It’s important to note that the rules governing Trial de Novo Requests can vary by jurisdiction, including specific time limits for filing such requests and the grounds upon which they may be made.