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.
One feature that distinguishes an appeal proceeding from a trial de novo is that new evidence may not ordinarily be presented in an appeal, though there are rare instances when it may be allowed usually if it was evidence that only came to light after the trial and could not, in all diligence, have been presented in the lower court. Because of concerns about protecting an individual's rights against double jeopardy ordering a trial "de novo" is often the exclusive right of an appeal judge.
