Definition

When a motion for new trial is granted, the original judgment or final order is vacated, and the action shall stand for trial de novo. This means the case proceeds as if the prior trial had not occurred.

Context: Occasioned by Granting a New Trial

Trial de novo is the resulting status of a case after a court grants a motion for a new trial. Grounds for granting a new trial include, but are not limited to, fraud, accident, mistake, excusable negligence, or newly discovered evidence. A motion for a new trial can also be granted if the court finds excessive damages were awarded or if the judgment or final order is contrary to the evidence or law.

In appealed cases, a motion for a new trial based on newly discovered evidence may be filed before the Court of Appeals loses jurisdiction over the case. The procedure for a new trial granted in an appealed case is the same as that granted by a Regional Trial Court.

The period for appeal after a new trial has been conducted runs from the date of receipt of the new judgment.