A de novo trial is a new trial held as if the previous trial never occurred, ordered by a judge after a successful appeal. Both sides must resubmit evidence, and new material may be introduced. It is not a violation of double jeopardy laws. It can be costly, and individuals must demonstrate legal necessity.
A de novo process is a brand new process, held as if a previous process had never occurred. In such trials, the facts of a case are reconsidered afresh and a new verdict is returned. This type of trial may be held after a successful appeal alleging that a previous case was not properly considered. It is ordered by a judge, typically an appellate judge, with the goal of preventing mistrial and ensuring that people get fair and reasonable trials when entering the legal system.
The de novo trial proceeds as no trial has been held before to decide the matter. Both sides of the case are required to resubmit their evidence and arguments, and new material may be introduced to the trial, as long as it complies with the rules of evidence. The trial may take place before a judge alone or before a judge and jury, depending on the nature of the case. Once all the facts have been brought to court, deliberations can begin to reach a verdict.
This is in contrast to an appeal, where people attempt to argue that a verdict in a previous case was erroneous due to a question of law. No new factual information can be introduced into appeals and the case is not judged on its merits, but on compliance with the law during the trial. People can appeal sentences they feel are unfair, and the appeal can seek a de novo trial if a retrial is believed to be the only way to get a just outcome in the case.
Providing a de novo trial is not considered a violation of double jeopardy laws, laws that prohibit being tried twice for the same crime, because the pretrial is treated under the law as if it never existed. The slate is erased and the case starts all over again. Legally, the outcome of the previous trial cannot be considered in the retrial and the court must reach an entirely new verdict on its own.
Keeping a process completely new can be a costly endeavor for all parties involved. The litigants must pay attorney fees, witness fees, and other costs related to the trial. Meanwhile, the government must pay the judge and set aside time in the court’s calendar for the retrial to take place. Additional costs are considered when evaluating a de novo process request, and individuals must demonstrate that a reprocess is clearly legally necessary.
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