De novo is a legal term meaning to start over, often due to errors in the first process. A higher court can order a lower court to retry a case, with previous proceedings ignored. De novo trials can be offered for both civil and criminal cases, but cannot be repeated multiple times. The term is also used to refer to a new bank less than five years old.
The Latin phrase “de novo” means “to start over” and is used in a legal sense to refer to a situation where a case is heard as if it were being heard for the first time. This term is also sometimes translated as “starting over”. There are a number of reasons why a case might be heard de novo, but the most common is the result of a higher court order stating that a lower court must try a case again due to errors that occurred in the first process.
Once a trial is concluded and a judgment is made, it is generally considered binding, but people have a number of options. They can appeal the ruling to a higher court if they believe it is unfair, for example. The higher court can review the material and issue a new ruling, or it can order that the trial be repeated at the lower court level due to procedural problems, errors, or new evidence that could change the outcome.
When a trial is held de novo, previous court proceedings are ignored as if they never occurred, including the sentence handed down in the first trial. The material is reintroduced as if it were the first time the case has been heard, and people are required to follow the procedures just as they would in any other case. At the end of the trial, a verdict and sentence can be issued. People can either accept the outcome or challenge it again, depending on the situation.
De novo trials can be offered for both civil and criminal cases. In both cases, people have to prove that the process needs to be repeated due to issues with the original process that could invalidate the outcome. People cannot try a de novo case repeatedly, as this could cause considerable intrigue in the legal system and could put people at risk of double jeopardy, where they are tried twice for the same crime. Since re-proofing is expensive, once a de novo proof has been ordered, special care is taken to ensure it is done correctly to avoid problems.
This legal term is also sometimes used in reference to a bank. A de novo bank is a licensed institution that is brand new and less than five years old. This usage of the term differs slightly from the legal one because de novo banks don’t start over, but start over.
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