Also known as: de novo trials · trial de novo · new trial · trial from scratch
Written by attorneys · grounded in primary & secondary sources — see below
An independent judicial proceeding in which a court hears and decides a case anew without deference to any prior determination. The parties may introduce evidence and arguments as though the earlier proceeding had not taken place.
Diego Duarte was convicted after a bench trial on fraud charges. The district court later concluded that newly presented alibi evidence undermined the verdict. The court vacated the judgment and scheduled a fresh proceeding in which both sides could call witnesses and introduce exhibits without reference to the original findings.
Dawson Steel obtained a jury verdict against Drake Logistics. Twenty-nine days after judgment Drake Logistics filed a motion seeking a complete rehearing on damages. The court denied the motion because it was filed after the twenty-eight-day deadline, leaving the original verdict intact.
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Damian Decker was found guilty of embezzlement. Three years and one day after the verdict he moved for a rehearing based on documents discovered in a former colleague's storage unit. The court rejected the motion as untimely under the three-year limit for newly discovered evidence.
Dorothy Daniels sued Dynamic Solutions for breach of contract. The jury returned a general verdict for the plaintiff but answered special interrogatories that contradicted that verdict. The court declined to enter judgment and instead directed that the entire dispute be retried before a new jury.
Demetrius Douglas was convicted after a jury trial. Fourteen days after the verdict his lawyer moved for a rehearing citing instructional error. The court denied the motion because it was filed one day after the fourteen-day window applicable to grounds other than newly discovered evidence.
Danielle Dixon prevailed in a personal-injury action against Dixon Foods. The defendant moved for a rehearing arguing that the damage award was against the weight of the evidence. The court granted the motion and ordered a new proceeding before a different jury.
A de novo trial requires the court to decide the case from scratch without deference to prior findings, whereas an ordinary appeal reviews the record for legal error under a deferential standard.
The court may vacate a judgment and order a new trial if the interest of justice so requires, and it may take additional testimony when the original trial was nonjury.
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A motion for a new trial must be filed no later than twenty-eight days after entry of judgment.
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A motion grounded on newly discovered evidence must be filed within three years after the verdict or finding of guilty.
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The action is restored to the docket and treated as though it had never been referred to arbitration, with no evidence of the arbitration proceeding admitted at the new trial.