What is a request for trial de novo?
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What is a request for trial de novo?
If either side does not agree with the arbitrator’s decision after Mandatory Arbitration, under Part 28 Rules of the Chief Judge, that party can ask for a new trial before a judge. This is called a trial de novo. The arbitrator’s report and award can’t be considered at all during the new trial.
Can a trial de novo be denied?
In many cases, the judge has much discretion to either order or deny a trial de novo. This is because of the possibility that the defendant will be tried twice for the same exact crime, which is a violation double jeopardy laws.
What happens at a de novo hearing?
A De Novo hearing is held when the aggrieved party files a request for a new hearing before the trial judge. The trial judge then hears the arguments and receives evidence as if the original hearing before the Court Commissioner never took place. It is the closest thing to a true “do over” you can get in family court.
What is an appeal bond in Texas?
An appeal bond in Texas is used by a defendant wishing to halt collection of a judgment until after an appeal. This surety bond must comply with appeal bond Texas statute in order to be accepted by the court.