New trial
Encyclopedia
A new trial or retrial is a recurrence of a court case. Depending on the rules of the jurisdiction, a new trial may occur if:
In some types of cases (for example, if the original trial court was not a court of record
) or in some legal systems, if the losing party to a case appeals, then the appellate court itself will hold a new trial, known as a trial de novo
.
In the United States
, if a defendant is acquitted of a crime, the Fifth Amendment
generally prohibits a retrial; thus, with few exceptions, a retrial only can occur if the verdict in the first trial was "guilty," or if there was no verdict. In other legal systems, the rules may be different.
- a jury is unable to reach a verdict (see hung juryHung juryA hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
); - a trial court grants a party's motion for a new trialTrialA trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
, usually on the grounds of a legal defect in the original trial; or - an appellate court reverses a judgment under circumstances requiring that the case be tried again.
In some types of cases (for example, if the original trial court was not a court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
) or in some legal systems, if the losing party to a case appeals, then the appellate court itself will hold a new trial, known as a trial de novo
Trial de novo
In law, the expression trial de novo means a "new trial" by a different tribunal...
.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, if a defendant is acquitted of a crime, the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
generally prohibits a retrial; thus, with few exceptions, a retrial only can occur if the verdict in the first trial was "guilty," or if there was no verdict. In other legal systems, the rules may be different.