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	Trial de novo - Wikipedia, the free encyclopedia
		In law, the expression trial de novo literally means "new trial".
		Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial "de novo".
		In order to protect the individual's rights against double jeopardy ordering a trial "de novo" is often the exclusive right of an appeal judge.
	en.wikipedia.org /wiki/Trial_de_novo (294 words)

	[No title]
		The clerk of the circuit court shall docket the Request for Trial de novo and the copies of the complaint and any responsive pleadings as a civil action in a circuit or superior court in the county.
		Promptly after the request for trial de novo is filed, the clerk of the circuit court shall send notice of the request to the party or parties' opponent named in the request.
		Upon the filing of a request for trial de novo, the clerk of the circuit court shall promptly send notice of the filing of the request with a copy of the city court's judgment to the city court from which the trial de novo is taken.
	www.in.gov /judiciary/rules/denovo/denovo.doc (1655 words)

	4-803 (Site not responding. Last check: 2007-10-20)
		The trial de novo of a justice court adjudication shall be heard in the district court location nearest to and in the same county as the justice court from which the appeal is taken.
		The trial de novo from the small claims department of the district court shall be held at the same district court location.
		The notice of appeal shall designate the district court location in which the trial de novo will be held, shall specify the parties in their original capacity, shall identify the party obtaining the trial de novo, and shall designate the judgment and the court from which the appeal is taken.
	www.utcourts.gov /resources/rules/ucja/ch04/4-803.htm (483 words)

	Mattox Opinion No. JM-869
		Since the trial de novo vests the court with full power to determine the issues and rights of all parties involved as if the suit had been originally filed in that court, it follows that a defendant may raise a question about the pleading for the first time in the de novo trial.
		If the plea in the county court de novo trial is "guilty" or "nolo contendere" the duplicate copy of the notice upon which the conviction was based in the inferior court may serve as the complaint.
		If the plea in the de novo trial in county court is "guilty" or "nolo contendere," the duplicate copy of the notice of violation upon which the conviction was based in the inferior court may serve as the complaint.
	www.oag.state.tx.us /opinions/op47mattox/jm-0869.htm (710 words)

	No. 98-1176
		Second, the time period for requesting a trial de novo is short-ten days from the date of an oral decision and fifteen days from the mailing of a written decision.
		Under §799.207(5), Stats., a trial de novo is on all issues; therefore the court proceeds in the same fashion whether one or both parties has requested a trial de novo.
		We are persuaded that the correct construction is the one that the trial court adopted: a party does not have an "absolute right" to a trial de novo unless that party demanded one in the time and manner prescribed by the statute.
	www.wisbar.org /res/capp/z1998/98-1176.htm (1435 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		Second, the time period for requesting a trial de novo is short\emdash ten days from the date of an oral decision and fifteen days from the mailing of a written decision.
		Under \'a7\~799.207(5), }{\scaps Stats.,}{ a trial de novo is on all issues; therefore the court proceeds in the same fashion whether one or both parties has requested a trial de novo.
		We are persuaded that the correct construction is the one that the trial court adopted: a party does not have an \'93ab solute right\'94 to a trial de novo unless that party demanded one in the time and manner prescribed by the statute.
	www.courts.state.wi.us /ca/opinions/98/98-1176.DOC (1563 words)

	Godfrey v. Hartford Casualty Ins. Co.
		The majority of the court held the trial de novo provision did not violate any public policy, stating where the parties to the insurance contract have agreed in advance to submit to a trial de novo after arbitration should either party demand it, there is no reason or authority for preventing the trial from proceeding.
		Review in the trial court is limited to vacation of the award6 or modification or correction of the award.7 'Washington courts have given substantial finality to arbitrator decisions rendered in accordance with the parties' contract and RCW 7.04.
		Right to a Jury Trial Hartford argues the trial court decision voiding the trial de novo provision deprived it of a constitutional right to a trial by jury, supporting its argument by scholarly citations to Thomas Jefferson and a law review article on the constitutional history of the Seventh Amendment to the United States Constitution.
	www.claimrep.com /laws/cases/Wa/caseWAGodfrey.htm (3370 words)

	Commentary: Trial de novo -- a matter of fairness (Site not responding. Last check: 2007-10-20)
		At issue is "trial de novo," which describes the amount and type of evidence a court may consider in a particular proceeding.
		Trial de novo is the standard of fairness for tax cases.
		Trial de novo is a reasonable step toward bringing balance to the property tax system.
	www.caltax.org /comment/denovo.htm (707 words)

	Trial de novo
		One feature that distinguishes an appeal proceeding from a trial de novo is that new evidencemay not be presented in an appeal.
		Appeals are frequently based on a claim that the trial judge did not allow all the facts; if that claim is successful the appeal judge will often order a trial "de novo".
		In order to protect the individual's rights against double indemnity ordering a trial "de novo" is often the exclusive right af an appeal judge.
	www.ebroadcast.com.au /lookup/encyclopedia/tr/Trial_de_novo.html (177 words)

	234 Pa. Code Rule 462. Trial De Novo.
		The procedures for conducting the trial de novo in the court of common pleas set forth in paragraphs (B), (F), and (G) are comparable to the summary case trial procedures in Rule 454 (Trial in Summary Cases).
		Pursuant to paragraph (B), the decision whether to appear and assume control of the prosecution of the trial de novo is solely within the discretion of the attorney for the Commonwealth.
		Paragraph (D) makes it clear that the trial judge may dismiss a summary case appeal when the judge determines that the defendant is absent without cause from the trial de novo.
	www.pacode.com /secure/data/234/chapter4/s462.html (1244 words)

	reality based community - scott pilutik: de novo trial v. de novo review (Site not responding. Last check: 2007-10-20)
		But even as 'de novo' is most commonly associated with deference of 'review', the term has an interesting sibling.
		One inference is that as the jurisdiction has been given to the district court, it could only mean 'de novo trial' because district courts are trial courts, not appellate courts.
		Also, the term 'de novo' is most commonly used in the appellate context - indeed, I've never even heard the term de novo trial before I just now researched it to see if there was a distinction (but I'm only a law student - it may indeed be more common than I know).
	realitybasedcommunity.net /archives/2005/03/de_novo_trial_v.php (710 words)

	"Trial de Novo" Wins Assembly Approval
		No one spoke against the bill on the Assembly floor as the speaker spelled out why the trial court should not be restricted to the administrative record, but shall consider all evidence relating to property valuation that is admissible under the rules of evidence, then base its decision on a preponderance of evidence.
		"Trial de novo is a major issue for taxpayers in California who believe their property has been overtaxed and they have evidence to prove it.
		He recounted that other states say trial de novo is not a burden to the courts because it results in better appraisals and earlier settlements.
	www.caltax.org /member/digest/june2001/jun01-09.htm (2090 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		As section 75 authorizes an appeal by trial de novo, the decision rendered at the trial level hearing was only the first step in the judicial process: as it does not have the effect of res judicata, it does not fall within the scope of s.
		As trial de novo is an appellate procedure provided by the Act, the Court held that the accused had not been finally acquitted.
		As I mentioned, an appeal by trial de novo can raise questions of fact as well as questions of law; the appeal is as of right, and the prosecutor does not have to allege errors committed by the justice of the peace.
	lexum.umontreal.ca /csc-scc/en/pub/1988/vol1/texte/1988scr1_1033.txt (5252 words)

	OSCN Found Document:Entitlement of Career Teachers to Trial De Novo - Summons - Failure to File Petition - Answer - ...
		Cite as: O.S. A career teacher shall be entitled to a trial de novo in the district court of the county in which the school district is located.
		If, within the ten-day period, the career teacher fails to file a petition for a trial de novo concerning the teacher's dismissal or nonreemployment, the teacher shall be deemed to have waived the right to a trial de novo and the initial determination of the board shall be final.
		At the trial de novo the standard of proof shall be by the preponderance of the evidence and the burden of proof shall be on the district superintendent or designee, as representative of the local board of education, to establish de novo that the teacher's dismissal or nonreemployment is warranted.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeid=89930 (637 words)

	Linstad v. Sitka School District (11/26/93), 863 P 2d 838
		Citing the explicit statutory guarantee of de novo review, Linstad argues that the trial court erred in forcing her to elect between a de novo trial and a review of the Board record.
		We therefore hold that the bill of particulars provision of section 180 operates as a limitation on the scope of the de novo trial guaranteed by section 205.8 Although section 205 was enacted for the benefit and protection of tenured teachers, the superior court's interpretation of AS 14.20.205 could actually work to a teacher's detriment.
		While a de novo trial may be different in many respects from the original administrative hearing, the essential aspect of such a trial is the authority of the reviewing court to exercise its independent judgment.
	www.touchngo.com /sp/html/sp-4028.htm (2787 words)

	Trial De Novo Law and Legal Definition - USlegalforms.com (Site not responding. Last check: 2007-10-20)
		A trial de novo is a type of appeal in which the appeals court holds a trial as if a prior trial had never been held.
		A trial de novo is often conducted in appeals from small claims court judgments.
		A trial de novo may also be ordered on appeals from adminstrative agency decisions or arbitration awards.
	www.uslegalforms.com /lawdigest/legaldefinitions.php/trial_de_novo.htm (183 words)

	Washington Courts
		Although the request for a trial de novo was filed within twenty days of the date on which the arbitration award was filed, proof of service to the opposing party was not filed within 20 days.
		The trial court struck the motion for a trial de novo.
		The trial court thus erred in concluding that Chulisie's failure to properly include proof of service with his request for a trial de novo to Faraj was fatal.
	www.courts.wa.gov /opinions?fa=opinions.opindisp&docid=529196MAJ (3699 words)

	21329-3-III - David Holt db/a Holt Roofing v. Charles Gambill, et ux, et al File Date: 10/14/2004
		Gambill moved to deny the request for a trial de novo, arguing that the request was not filed within the 20-day period of MAR 7.1(a) because the fee had not been paid.
		Filing Fee for Trial De Novo of Arbitration Award The issue on appeal is whether payment of a filing fee is necessary to perfect the filing of a request for trial de novo of an arbitration award if the county has not enacted an ordinance establishing the amount of that fee.
		Holt filed his request for trial de novo; consequently his filing was perfected within the 20-day limit of MAR 7.1(a) when the superior court clerk recorded it without a fee payment.
	www.mrsc.org /mc/courts/slip/appellate/213293MAJ.htm (1840 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		The would-be demander of the trial de novo--the arbitration loser--should take note that it is the filing of the award that starts the 30 days in which to make the demand; not the later time when the loser gets actual notice of it.
		If trial de novo is duly (and timely) demanded--and hasn't been forfeited--subdivision (b) preserves for the case whatever place it would have had on the "court calendar" had there been no arbitration.
		The relevant statute, § 654(b), does not forbid trial before the same judge who handled some pre- arbitration phase of it--it just says that the contents of the award shall not be made known to the judge--but some courts may construe the statute as requiring the case's assignment to a different judge anyway.
	classes.washburnlaw.edu /maxw/coursemat/2001/adr/28usc655.htm (2195 words)

	29588-1-II - Sergio Alvarez, Respondent v. John Banach, Appellant File Date: 02/10/2004
		Banach argues that the trial court erred in ruling that he failed to file proper proof of service of the trial de novo request within 20 days of the arbitrator's decision where Alvarez had actually received the request.
		The trial court initially denied the motion to strike, noting that Alvarez's attorney had actually been served with the request for trial de novo on June 19, within 20 days of the arbitration award filing, as required by MAR 7.1: It was served on your office on June 19th by a legal messenger.
		Request for Trial de Novo Banach argues that his filed request for trial de novo was accompanied by proper proof of service in compliance with MAR 7.1(a).
	www.mrsc.org /mc/courts/slip/appellate/295881MAJ.htm (2221 words)

	Oregon Judicial Department - Publications
		Second, defendant argues that the trial court erred in dismissing his request for a trial de novo under ORS 36.425 because of his failure to participate in the mandatory arbitration hearing.
		Plaintiff responds that the district court's dismissal of defendant's request for a trial de novo and consequent entry of judgment was a proper sanction for defendant's failure to participate in the arbitration process.
		There, the plaintiff prevailed in the arbitration, the defendant requested a trial de novo under former ORS 33.400 (1987), renumbered as ORS 36.425 (1989), and the plaintiff moved to dismiss the appeal based on defendant's failure to participate in the arbitration hearing in person.
	www.publications.ojd.state.or.us /A93046.htm (1842 words)

	INDIANA RULES FOR TRIAL DE NOVO FOLLOWING JUDGMENT IN CITY OR TOWN COURT (Site not responding. Last check: 2007-10-20)
		The court shall grant the motion and shall send notice of its order dismissing the proceeding de novo to the city court with an order to the city court to reinstate its judgment.
		(b) request a reassessment of the sanctions imposed in city or town court and a judgment de novo as to sanctions.
		(1) If the trial de novo is taken from a city or town court, the clerk of the circuit court shall docket and assign the request as a misdemeanor in circuit or superior court in accordance with the county criminal case assignment plan established under Indiana Rule of Criminal Procedure 2.2.
	www.in.gov /judiciary/rules/denovo (2792 words)

	Novo - Novo Nordisk South Africa
		Novo Nordisk is a healthcare company and a world leader in diabetes care.
		Novo Nordisk Farma BV Maken deel uit van het internationale concern Novo Nordisk A/S, waarvan het hoofdkantoor gevestigd is in Kopenhagen, Denemarken.
		Novo Nordisk US Novo Nordisk is a focused healthcare company and a world leader in diabetes care.
	www.indexway.com /?q=novo (407 words)

	CORPORATION PROFESSIONNELLE DES MÉDECINS DU QUÉBEC v. THIBAULT, [1988] 1 S.C.R. 1033 (Site not responding. Last check: 2007-10-20)
		trial even if the trial judgment was rendered in accordance with all the rules of law.
		The question of whether an accused confronted by an appeal by way of trial de novo is "tried again" for the same offence has already been considered by the courts.
		Furthermore, it seems to be obvious that where the statutory conditions of appeal have been complied with, in the case of an acquittal or a conviction, the Court has an obligation imposed on it by statute to hear and determine the appeal: s.
	lexum.umontreal.ca /csc-scc/en/pub/1988/vol1/html/1988scr1_1033.html (5186 words)

	25-33-301. Trial de novo -- pleadings, conduct of trial. (Site not responding. Last check: 2007-10-20)
		Trial de novo -- pleadings, conduct of trial.
		(2) When the action is tried anew on appeal, the trial must be conducted in all respects as other trials in the district court.
		The provisions of this code as to trials in the district courts are applicable to trials on appeal in the district court.
	data.opi.state.mt.us /bills/1997/MCA/25/33/25-33-301.htm (141 words)

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