Trial de novo is a legal phrase often seen in court proceedings, but what does it actually mean? Trial de novo is a Latin phrase that is used to describe a judicial review process. In a legal setting, it refers to a process in which an appellate court sets aside a lower court’s judgment or decision and essentially orders a new trial of the case as if it had never been tried before.
Often, a trial de novo is conducted due to a finding that an error was made at the lower court level. This could include a wrong interpretation of the law or evidence, a finding that a key piece of evidence was overlooked or a decision that did not justify the weight of evidence presented. In this sense, the trial de novo allows for a fresh look at a case and gives those involved in the legal process a chance to have their voices heard and their arguments considered in a neutral and unbiased setting.
A Modern Example of a Trial de Novo
Recently, a case in California went to trial de novo because the lower court misinterpreted evidence and made a judgment that was not supported by law. In this specific case, a man was involved in a dispute with his former employer and sought damages for wrongful termination. During the initial proceedings, the lower court interpreted the evidence in a way that favored the defendant, however, the appellate court determined that the evidence had been misinterpreted and decided to set aside the original decision and order a trial de novo.
In this new trial, the evidence was correctly interpreted based on applicable law and the man received the damages he was initially seeking. This highlights how a trial de novo can protect the rights of the individual by ensuring that the correct evidence is considered and the case is re-examined with fresh eyes.