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de novo

Latin · day NOH-voh · Latin maxims and phrases

Meaning. Afresh; from the beginning, as if the earlier proceeding had not taken place.

A trial or hearing de novo is one conducted again from the start, with the evidence taken afresh and without reliance on the earlier findings. An appellate court may order a retrial de novo where the first trial was vitiated by a serious defect, such as lack of jurisdiction or denial of a fair hearing.

The term is distinct from an appeal on the record, where the higher court examines the evidence already taken. It is also distinct from a remand for a limited purpose, such as recording additional evidence on one point. A retrial de novo is ordered sparingly in criminal cases because it puts the accused through a second trial.

Example

Since the trial court lacked jurisdiction, the High Court set aside the conviction and directed a trial de novo before the competent court.

See also

double jeopardy

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