Petition For Trial De Novo
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FAQ
It can be an effective way for defendants to continue fighting their case after an unfavorable ruling. It is often used in traffic and small claims courts, but can be used in more formal proceedings.
A trial de novo is a new trial on an entire case, where both questions of fact and issues of law are determined as if there had been no trial in the first instance. A trial de novo is typically used to challenge awards found in arbitration and are supported by constitutional considerations.
The most common grounds for appeal of a criminal conviction are improper admission or exclusion of evidence, insufficient evidence, ineffective assistance of counsel, prosecutorial misconduct, jury misconduct and/or abuse of discretion by the judge.
An application for trial de novo must be filed within 10 days of the entry of judgment with the municipal court clerk. No judge may order an extension of time for filing the application. The filing of an application for trial de novo or review shall suspend the execution of the judgment of the municipal division.
For example: If the judge found you guilty but reduced your bail from $346 to $100, your request for a new trial will reset your bail back to the maximum amount of $346. If your are found guilty at the new trial, the second judge may not choose to reduce your bail.