Appeal trial de novo

Thus, in a trial de novo, any new issues of law and any issues of fact can be heard or reviewed by the court. Also, new testimony can be added to the already existing evidence in the record. Instead, a new consideration of the laws involved will be conducted. A De Novo Appeal is where the appeals court utilizes the records from the trial court, but reviews the laws and evidence without considering the previous ruling.

Trials de novo are somewhat uncommon due to the time and resources that are required to try an entirely new case. On the other hand, de novo appeals are more common. Instead, the court will proceed to review one or more legal issues that may not have been sufficiently addressed during the previous trial. A trials de novo is basically an entirely new criminal trial and may be necessary in certain instances.

A qualified criminal attorney in your area can help you file a request for a trial de novo or a de novo appeal. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Drug Crimes. Speeding and Moving Violations. White Collar Crime. Please provide a valid Zip Code or City and choose a category. Please choose a category from the list. Please select a city from the list and choose a category. Please enter a valid zip code or city.

Please select a city from the list. Connecting …. Are You a Lawyer? Grow Your Practice. In Small Claims Land there are so many questions about appeals for trial de novo that I could write a book — if only I knew the answers.

In light of my limited mastery of a mysterious topic, a blog post seems like a better idea than a book. Certainly, there are more than five, so this list is not exhaustive. My hope is that at least one of them will be informative for you. Turner, 98 NC App. Boyd, NC App. While many opinions have emphasized this rule, one question, so far as I can tell, goes unanswered: Can a plaintiff cure this defect on appeal from a small claims judgment by amending the complaint to substitute a different claim for relief?

On appeal from small claims court, may the plaintiff amend the complaint to substitute a claim for injunctive relief based on a civil trespass theory?

I wish I knew the answer to that question. GS 7A- authorizes the trial judge to order repleading, among other options, which perhaps provides some support for this action. What I DO know is that the rule about summary ejectment and subject-matter jurisdiction applies with equal force to small claims cases and appeals for trial de novo.

First Union National Bank v. Richards, 90 NC App surprised most of us. In that case the Court of Appeals ruled that a plaintiff who loses in small claims, appeals to district court, and then voluntarily dismisses the case — not the appeal — has avoided a final judgment in the case. The effect of a voluntary dismissal in these circumstances is not, as many of us thought, to re-institute the small claims judgment, but rather to erase it.

There are several situations in which an appeal of a summary ejectment action may terminate in a dismissal. Among those are:. Two legal issues sometimes come up when the landlord wins on appeal. First, Rule 62 sort of applies to small claims appeals just as it does in any other action.

There IS a wrinkle in the application of Rule 62, however. GS If the tenant won at the small claims level and the landlord prevailed on appeal for trial de novo, this will be new to the tenant. Quite often, however, the tenant will have lost at the small claims level and obtained a stay pending trial de novo. For these tenants, the requirement is simply that they maintain the stay by paying rent as it comes due. In the event of an appeal from the district court judgment, this procedure will continue.

A tenant who misses a payment and thus fails to maintain the stay may be evicted, but that eviction will have no impact on their appeal, whether to district court or the Court of Appeals. When the tenant wins a summary ejectment case on appeal, the aftermath is usually quite straightforward. A significant exception arises when a landlord has enforced the small claims judgment and evicted the tenant prior to trial in district court.

Note that judgments for possession of property are not automatically stayed by appeal for trial de novo. In that event, the landlord may be required to restore the tenant to possession of the rental property, GS , and to reimburse the tenant for damages resulting from the eviction. Thanks for tagging along on another tour of Small Claims Land!