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this is trial de novo, as if the first trial didn't happen.

But trial de novo is only de novo for the purpose of perfecting your appeal.

Yeah. Well, just remember that also that even if you lose at the municipal court level, it's not over. Demand your trial de novo.

In a JP or municipal court, you can demand trial de novo, and they must move it to county

That's an appeal trial de novo, but you have to appeal it and you have to post the bond

Trial de novo, it does not forget that the original trial was held.

It's merely trial de novo for the purpose of perfecting your appeal.

was a trial de novo and flat told the defendant that nothing that occurred in the previous

This trial was going to be treated trial de novo as if it was just now starting for the

In a classy misdemeanor, you can appeal trial de novo to the county court, but the county

is what you will also know as the trial de novo. This is where they send you from municipal or JP

to be a court of record, because one of the requirements for a trial de novo is for the JP

there is nothing to appeal in the trial de novo according to the statute.

Even though the trial de novo is supposed to be a complete do over, it still says a transcript

except in a classic misdemeanor you have another option for appeal you can appeal trial de novo

lost on it if he requested an administrative hearing if that's the same as trial de novo

uh it is uh sent to the county court as a trial de novo basically meaning a do-over as if it had

municipal court of record a trial de novo from a municipal court of no record and a trial de

novo from a jp court now the reason that's trial de novo no records kept okay so there's no

transcript there's no nothing the only way to get a trial de novo from a court of record is if there

is an error that can be traced down in the record wait wait wait no wait wait trial de novo

there's the courts especially the municipal court they want you to think that trial de novo means

hold the first trial and screw up all they want to and not be held to it not true trial de novo

effect if it's out of a municipal court of record then it's not trial de novo

when you get moved up in the trial de novo it's as if the prosecution is originally beginning

okay now we're dealing with 4417 and 4418 we covered uh 17 on what a trial de novo is and

cuter jumped up and objected that this was trial de novo and i stood up and very patronizingly and

that this is trial case of trial de novo but it's only trial de novo for the purpose of perfecting

prosecution trial de novo is only it only says you don't have to raise a point of error to perfect

But on trial de novo, it looks like I can file some post motions.

Yeah, after court, on the trial de novo, I can put in motion.

and hope the court finds an error or plead an error or is this a trial de novo where you get to do it all over again?

It may be because these lower court judges bank on the fact that they don't ever get appealed or that it's a trial de novo,

Because they're courts of no record, you get a trial de novo.

But yes, I was hoping that's where you were going to go because trial de novo,

it is trial de novo for the purpose of perfecting your appeal.

You do not, in trial de novo, wave a complaint on violation of due process in the original trial.

so that when we go to the next trial, trial de novo, we can do it all again.

and went to the county court on his Trial de Novo.

The Trial de Novo, for all intents and purposes,

How come there's a Trial de Novo on an appeal?

Okay, there's not always a Trial de Novo.

There's only a Trial de Novo from a court

they're gonna say it's a trial de novo,

In the case of a trial de novo

that they can do just about anything because you can appeal and have a trial de novo.

is the purpose of a trial de novo?

Now, the county court has admitted that a trial de novo is a do-over, yet they assume

However, it's an appeal trial de novo.

What all trial de novo goes to is you don't have to appeal on point of error.

We only got two appeals here, we got the justice piece gets an appeal or a trial de novo in

Absolutely. Absolutely. See, they're trying to bypass this little issue called a trial de novo.

Either the accused has to voluntarily start making payments or a court of competent jurisdiction and proper subject matter jurisdiction has to make a final ruling in a civil judgment in a trial de novo to translate the forfeiture by the commission into a statutorily defined debt

They're trying to skip this little matter of a trial de novo in federal court where all the evidence and all the merits and all the everything would be considered by the judiciary for judicial review.

So the only way the forfeiture could be a debt is if there's a trial de novo in federal courts and the civil judgment is handed down as a final ruling.

which means a trial de novo where all the evidence of the case comes

to sidestep this little issue of the trial de novo where all the evidence of the case has

But they were not charging a fee to appeal it, which, frankly, it's a trial de novo.

Although it is a, quote, appeal, in the transportation code, it's a trial de novo.

45.11, meant that when a case was appealed from a corporation court for trial de novo

especially when this is supposed to be a trial de novo,

not a trial de novo.

You have the option of a trial de novo if it's not.

In California, when you go to small claims, there is no...you go to a trial de novo.

Because if the state wins, I will be filing for a trial de novo anyway.

level. We waive them when it comes to trial de novo. That's the first level of appeal.

take it up on trial de novo. And of course, on that, make sure it's timely. I think it's

We're going to get clobbered. And we're going to do what we need to do to get trial de novo.

If he does respond, you automatically get, well, not automatically, you're entitled to a trial de novo if you request it.

Then it's a trial de novo.

So you file a motion for a trial de novo?

Trial de novo because it's...

when you go to appeal you get a trial de novo.

it's going to be a trial de novo because this was a JP court,

So it's a court of no record. The county court case will be trial de novo.

an arraignment. Are you on an appeal or are you on a trial de novo? I believe I'm saying that

trial de novo, I lost my first case, so I'm appealing it. Okay. But was the court your

should we do here so we should we file okay wait a minute trial de novo is not an election

that you have it is not it's either trial de novo or it's not if you have a right to

trial de novo from this hearing that means you don't have to appeal based on point of

error or you need to find out if an appeal from this court is a trial de novo and that's

in the trial court trial de novo is only for the purpose of perfecting appeal did not you

they want to do in trial de novo they want to say we can go into the original court

and lie like dogs because if you appeal is trial de novo and you can't use that well

trial de novo and I insisted that it was trial de novo for the purpose of effecting appeal

understanding Randy so you're saying that the trial de novo may not be applicable here

a traffic court in Colorado is trial de novo they'll probably tell you that it either is

trial de novo which you would have had to pay the appeal bond to get to anyway okay so if

But then when you go to your trial de novo, you're going to file all the same paperwork again and now the steps come a little more easily because you've already done them.

Okay, hold that thought right there. If the municipality is not a court of record then generally what happens is that when you go to the appeal it would be a trial de novo but I understand the concern to want to have it documented.

And if they're not a court of record, generally the procedure is when you go to do your appeal instead of appealing using the record, you would have a trial de novo, which basically means a brand new trial at the appellate level.

Now in the case of a trial de novo for here in Texas, when you're coming from a court

trial de novo and start the process again.

what did you get in the first place? Because trial de novos are usually held in any state from a court of no record to the court of appeals,

But back to the trial by declaration, if you do lose the trial by declaration, you're entitled to a trial de novo if you request.

Okay, where is the trial de novo? Is the trial de novo in the JP or municipal court or is it in the county?

But back to the trial de novo, you have to request that within 20 days, I believe, after the verdict of the trial by declaration.

And that instance, if you lost the trial de novo, you would have all this information on how the cop makes this case and you can go against them when you cross-examined them in court.

The problem here comes down to how they're depriving the individual of their due process right to a trial de novo from a court of no record

Now if you lose a trial by declaration, you're entitled to a trial de novo, but you have

So you pay for a transcript that you don't have to have because you are entitled to a trial de novo if the court is a court of no record.

So you're entitled to a trial de novo, which means you don't need a transcript from the trial court.

But if it's a trial de novo, the county court at law is not going to be the appellate court.

Whereas in the trial de novo, you start completely over, it is on an official record,

to follow the records with the county court. And I wanted to say you get trial de novo,

but you don't necessarily get trial de novo. If you have a hearing for a justice of the

peace, you get trial de novo. If you have a hearing before a municipal court that is the court of

Well, you won't have to worry about that on a trial de novo.

On the trial de novo, you're only going to need that brief if you go from the county court forward to the court of appeals.

and so I applied for a trial de novo, which you're allowed to do,

and I got a trial de novo.

You filed an appeal and the appeal goes to trial de novo.

You can't really apply for a trial de novo.

Well, you filed an appeal and the appeal is trial de novo.

So you have to trial over again, except in a trial de novo,

it is trial de novo for the purpose of perfecting your appeal

It is not trial de novo for the purpose of shielding the original witnesses

you and you filed an appeal and the appeal is trial de novo.

Because they're going to say it was trial de novo.

And I said, objection your honor, it is trial de novo only for the purpose

It is not trial de novo for the purpose of shielding them from their prior testimony.

Well, at least in this case, after the trial de novo, which I was also found

courts. If you appeal it from a court of no record, it's a trial de novo at county.

trial de novo. Okay, so the county court level, they're not under Chapter 45. If they're hearing

If it's not a court of record, then you do a trial de novo and go to the county court and that's basically step one again.

you do not get a trial de novo

trial de novo

What I'm going into is the remit for trial de novo.

You're not going into trial de novo if the judge has a bar card, then this is almost

No, not if you were in a court of no record because now in the county court it's a trial de novo.

trial de novo, Randy, how can I have some fun with this?

Oh, okay, I need to understand what trial de novo means.

Trial de novo merely means that it's a do-over for the purpose of perfecting appeal.

Trial de novo merely means that you do not have to appeal based on writ of error.

bring that in because this is trial de novo.

Because it's not trial de novo for any other reason other than to perfect appeal.

Now, it's supposed to be a trial de novo.

because they told me, well, if it's a trial de novo, there's no way you can appeal that.

Yeah, because it's a trial de novo.

Now, trial de novo is trial de novo for the purpose of perfecting the appeal.

They can't say that because it's trial de novo, I can lie, cheat, steal,

And that's why I was saying trial de novo is trial de novo for the purpose of perfecting your appeal,

And if you ever have to make oral argument on the appeal after trial or the trial de novo when you go to the county court.

So on the other side, I will be going into how to cross examine the police officer and we'll go a little more in depth into the questions that I want to use to strengthen the facts for the purpose of appeal or the trial de novo

because it will give you more to use at trial de novo as well for practice.

Okay, in the case of these types of offenses in your state in New Mexico, are these trial de novo cases or were you in a court of record?

I did put a motion for a new trial, and I'm supposed to be allowed a trial de novo. And so I know in the beginning you're quite a quadrant.

and so they're supposed to give me a trial de novo so that's a due process violation

This is going from a court of no record to a court of record, so it should be a trial de novo

But as far as the appeal, you probably won't have to... I'm sorry, wait, you're going to have a trial de novo

No, wait, wait, wait, wait, this is trial de novo

If you tell the court you have a challenge to subject matter jurisdiction before the court, it's trial de novo, they hear the challenge

Wait a minute. Wait, this is trial de novo.

Okay. It's not a trial de novo. It's a court of record. So, this was an appeal that went to the county court of law from the city of...

now keep in mind this was on appeal or trial de novo,

Your appeal here in Texas would be a trial de novo.

And under the trial de novo, you can bring in new evidence.

it's trial de novo. That means it's like a new trial, but it is trial de novo for the purpose

objection, Your Honor, this is trial de novo. And you tell the court, and I've done this before.

Yes, Your Honor, it's trial de novo for the purpose of perfecting my appeal. And this lawyer knows that.

This is not trial de novo for the purpose of shielding them from prosecution for aggravated

It was a trial de novo.

Mine was not a trial de novo, and they still sat on it for a year.

this trial has been duly and properly executed as a trial de novo to county court.

In a court of no record, you can just plead guilty, pay your appeal bond, and then go to appeal for the plea in a trial de novo at the appeals level in the county court.

the form of trial that you get on appeal is a trial de novo.

The trial de novo goes to the county court, and that is a court of record.

You would file for trial de novo and then go into a court of record.

Okay, no, there's another issue about a trial de novo.

and you have a right to trial de novo.

and the prosecutor jumped up and said, Jackson, Your Honor, this is trial de novo.

I said, yes, Your Honor, it is trial de novo.

But it is only trial de novo for the purpose of perfecting my appeal.

It is not trial de novo for the purpose of shielding this officer from aggravated perjury charges.

and trial de novo does not erase it.

And so I appealed to a higher court, which is the trial de novo, new trial.

But keep in mind that the fact that it's not a court of record only goes to trial de novo,

meaning that it is trial de novo for the purpose of perfecting your right to appeal.

It does to an extent, and this case was a trial de novo,

Now, the trial de novo is an appeal of sorts.

Hold on. Let me explain what trial de novo is.

Hold on. Trial de novo is trial de novo for the purpose of perfecting appeal.

Trial de novo is only trial de novo to perfect your appeal,

because it's trial de novo.

If it wasn't trial de novo, if it was a court of record like a lot of these municipal courts are,

But if it's trial de novo, you don't have to appeal on writ of error, and that's all it does.

I got a police officer on the stand in a trial de novo and asked him,

did you testify in the original trial? Objection! Objection! This is trial de novo,

And I said, yes, Your Honor, it is trial de novo,

but it's trial de novo for the purpose of perfecting appeal,

Anyway, trial de novo.

even if it's trial de novo, because trial de novo has nothing to do

Before you, don't confuse an appeal with a trial de novo.

So are you talking about going to an appellate court or are you talking about a trial de novo in a county court?

And this is trial de novo.

because we'd filed an appeal a day late, so we filed for a trial de novo.

We went to a trial de novo.

The judge at the trial de novo, the new trial,

The Charter says it has to come back to the city of Austin for trial de novo, and every one of the justices in Texas just ruled against me,

trial de novo because it's traffic, right?

Okay. Let me explain trial de novo. The prosecutor wants trial de novo to mean that the first

That's not what trial de novo is. It is trial de novo for the purpose of perfecting your

can't bring anything in that occurred in the first trial as this is trial de novo.

Said, your honor, this is trial de novo for perfecting appeal, not for covering them for

trial de novo doesn't mean that the first trial didn't happen. Okay. Do you know how

So is this a trial de novo?

So you're coming out of a court of no record into a court of record on a new trial, trial de novo.

Trial de novo is a Latin term for new trial.

Here in the state of Texas in trial de novo, you're allowed to bring in new evidence

But in a trial de novo, there is no brief.

it goes into what's known as a trial de novo.

And we went into a trial de novo and the judge there at the trial de novo went back way back

can do, it's called trial de novo, where it would go up to a judge and have a judicial

An appeal is automatic and trial de novo.

Trial de novo means as if the original trial didn't happen, but it's important to understand

that it is trial de novo only for the purpose of perfecting the appeal.

the prosecutor objected because this is trial de novo.

And I told the judge this is trial de novo only for the purpose of perfecting appeal,

Okay, so before, so she filed, you know, for trial de novo, she had to actually request

a trial de novo that is your your first here at least here in Texas your trial de novo is a kind

discussed only two things the appeal and the case the appeal was my motion for trial de novo the

But in order to obtain that record, now you have to have a new trial or a trial de novo.

Yeah, here in Texas, if it's not a quarter record, you get what's called a trial de novo

your appeal is trial de novo, meaning that it is as if it didn't happen.

Now, trial de novo needs a little bit of explanation.

The court will tell you that when you appeal trial de novo,

So when you go in trial de novo, keep in mind what happens in the original court.

From traffic court, an appeal is always trial de novo, so you really start all over.

Yeah. Well, it will be, if you file a notice of appeal, the appeal will be trial de novo.

An appeal from an inferior court can be trial de novo.

Trial de novo means as if the original trial didn't happen.

That's what trial de novo means.

So they tend to do anything they want to in the original court because they presume that an appeal will result in trial de novo.

We go to the Court of Appeals and say, no, no, no, it does not affect trial de novo as concerns the improprieties on part of the original court.

Just because it's trial de novo doesn't mean your due process got undenied somehow.

You will get a trial de novo from this case once you appeal it.

court to a county court is trial de novo, and they say it's a do-over, however, it's

not actually a do-over, it is trial de novo not for the purpose of shielding them from

their improper behaviors in this court, it's trial de novo specifically for the purpose

they'll say, oh, this is trial de novo, well, maybe it is, but only for the purpose of perfecting

And in this case, an appeal is trial de novo, so you don't have to appeal based on error.

Okay. Hold on. Hold on. This is in Washington state. An appeal from the trial court is trial de novo.

I don't know that. Okay. Let me explain this. Trial de novo.

when you come from a court of no record, it's a trial de novo, a do-over.

and send it up to appeal to a county court at law for a trial de novo where basically

to the county court, because the trial de novo is appealed to the county court, but

They'll ignore it, but the trial de novo can't ignore it.

So to even get a trial de novo, I have to go through with...

I guess the first one would be about trial de novo.

Trial de novo is when you get an appeal from a trial in a court of no record, whether it be a municipal or justice court.

Can I go for a trial de novo before?

Even on a trial de novo, if you follow the rules of procedure the way they're written, your original plea of guilty nullified any opportunity for an appeal.

Well, I'm going into appeal for a trial de novo, but I have not yet, up to this point,

Yeah, I'm trying to figure out on a speeding ticket where they didn't write the, they just wrote the charge as speeding, but they didn't write the code section. And then when I asked the officer in court, because we're going to trial de novo now. So at the last trial, I asked him what specific charge he charged me with and what, you know, the code section for it.

So you file a, a, okay, you're in the, okay, you're in the county court now and it's trial de novo.

This is trial de novo.

And since it's trial de novo, you go back to 643.006.

Okay, all right, so just on a trial de novo, it'd be the same thing like starting right over, right?

Well, there's a yes and no caveat to a trial de novo

Alright, John, in the case of a trial de novo, we've got several problems that no one discusses, but they exist

The trial de novo court is not the court of original jurisdiction

Never see the light of day and get addressed in the trial de novo

Because the trial de novo court treats that as if it never happened

Well, this is for a trial de novo that I'm working on right now.

Well, the issue with a trial de novo is their failure to address the due process violations perpetrated by the lower court because they never, ever look at what occurred at the lower court.

In my opinion, trial de novos should be completely outlawed, and every single court must be a court of record.

In traffic, is there an appeal level after trial de novo?

So up in Waco area, whatever county that is, you'd have to find out what district Court of Appeals that is, because that's where it would go after the trial de novo at the county court at law level.

ruling in one of those then your appeal is trial de novo trial de novo for the purpose of perfecting

uh start again in the county court you get a trial de novo now you need to look at your pleading

this is trial de novo so you get to do all of this over make sure when you bring the picture

it'll be trial de novo so i'm i am surprised that this was filed in a justice of the peace court

okay this is what they're going to try to say oh well this is a jp court you get trial de novo

trial de novo is like the first trial didn't happen not trial de novo is trial de novo for

In Georgia, is an appeal from a justice court an appeal trial de novo?

Okay, so it's trial de novo.

You had a right to a trial, a not-identical trial before an inferior court that would give you the opportunity to file a trial de novo so you don't have to file on a written error.

But if it's a JP court or if it's a municipal court that's not a court of record, then an appeal is no, is a trial de novo, like the original trial didn't happen

Let me explain trial de novo.

Trial de novo means that for the purpose of perfecting your appeal, it is as if the original

And being pedantic here, there's a reason, it is trial de novo only for the purpose of

and it will be a trial de novo, as if the original trial didn't happen. But that's only trial de

pleadings. This judge is going to want to say, well, it's trial de novo. And you say,

it's only trial de novo for the purpose of perfecting appeal, not for the purpose of

you've appealed trial de novo so in this case this is not exactly an appeal as you

would normally consider an appeal this is trial de novo that the trial is

record yes it was okay in audio okay then this is not the trial de novo then

It's enough. Trial de novo.

Trial de novo is not a do-over, exactly.

Trial de novo is trial de novo for the purpose of perfecting appeal,

You can never interfere with somebody when they're screwing up. If the judge brings you out of a municipal court that's not a court of record and does not give you trial de novo, you file criminally against it.

He said, well, Mr. Kelton, you know, an appeal from this court is trial de novo.

Yes, your honor, it is trial de novo, but it's only trial de novo for the purpose of perfecting appeal, not for the purpose of shielding the court from wrongful behavior.

When they deny it, just file an appeal and appeal for me in a JP or municipal court is trial de novo.

Or is this considered a trial de novo in New York, which basically means it's a complete do-over

trial de novo, that's where you appeal out of an inferior court.

Generally, all appeals from an inferior court are trial de novo.

Trial de novo for the restricted purpose of perfecting the appeal,

They're going to cry trial de novo, do-over.

You're going to claim trial de novo only for the limited purpose of perfecting the appeal,

So it's important to understand that distinction about trial de novo.

Trial de novo, the courts take that to mean a new trial as if the old trial didn't happen

because in a trial de novo, you do not have to appeal based on writ of error.

It's trial de novo for the purpose of perfecting appeal,

will be trial de novo.

Because in the original trial, you have a right to trial de novo.

Trial de novo is trial de novo for the purpose of perfecting appeal.

This is a trial de novo.

I don't, this is one thing I don't know about Texas Procedure yet is you get a Trial de Novo

It is Trial de Novo, but let me explain Trial de Novo.

Most people don't understand what Trial de Novo is. Trial de Novo means as if the original case

to appeal based on writ of error. You can appeal with no error at all. That's what Trial de Novo

they can't say something different in the Trial de Novo. So, you can get them to say something

F, warranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.

From a inferior court to a court of record, it's generally trial de novo's like a do over.

So that is generally appealed trial de novo.

And trial de novo means as if the original trial did not happen for the purpose of perfecting the appeal.

Now, what the lawyer's going to want to say, well, this is trial de novo.

This is trial de novo only for the purpose of perfecting your appeal,

And then now you're going to go to the county court and they call it trial de novo.

But it is only trial de novo for the purpose of effect of perfecting appeal.

And that's generally required to be trial de novo. Did you have a new trial in the county court?

And yet they proceed with a trial de novo without ever addressing the original jurisdiction challenge as if somehow that's okay

Because since the appellate court at the county level for the trial de novo does not have original jurisdiction

judges on the hook for it see this is my biggest thing about doing trial de novo's in the state of

do a trial de novo you understand that you can't get to the de novo court through a court of original

Original trial, and then it goes to the county court after for a trial de novo, if it's appealed.

held a hearing, then any appeal goes to the court of appeals. And a little bit on trial de novo.

Trial de novo does not mean do over. Trial de novo is trial de novo for the purpose of

right to dismissal. And that right to dismissal doesn't go away because it's trial de novo.

well it's just the trial de novo i can pretty much treat you any way i want you can go

and a trial de novo because it's in a court of no record and it's a criminal case doesn't

no one ever raises on the appeal or at the next level if it's a trial de novo about what

And the judge is going to the judge is going to say, well, an appeal from this court is trial de novo.

And trial de novo is they like to think of it as a do over.

As if the original case doesn't happen. Well, that's not what trial de novo means.

So, but if you're in a municipal or JP court, you get a an appeal trial de novo. That means you don't have to show judicial error.

No, that's not what trial de novo is for. So you file, ask the judge to show you that he actually applied the property applied the law to the facts in the case and when he refuses.

And just because you've got a pure trial de novo does not eliminate that due process violation.

And they call it an appeal on trial de novo

And what trial de novo means is that you rehear the case

They'll say, oh, this is trial de novo, that don't matter

No, that's not what trial de novo is

Trial de novo is simply a retrial you can have where you don't have to claim error to get the trial

So if they screwed up something in the original hearing, you can bring it in the case on trial de novo

We think it doesn't make any difference what we do if they appeal, it's trial de novo, and they tend not to have people knowing that

And from a JP court, an appeal to the county court will be trial de novo, everything starts all over.

But in a trial de novo, everything starts all over.

and they'll say, oh, well, this is trial de novo, that don't count, that is not true.

Trial de novo does not mean everything they do in the original court is forgotten.

Trial de novo is trial de novo, and trial de novo means you can appeal without having to show judicial error on the part of the judge.

Just trial de novo for the purpose of perfecting your right to appeal.

That's all trial de novo means.

No, I'm not concerned about court Tuesday. It's a JP court, so even if I lose, which we all know I will, it'll just be a trial de novo

Okay, glad you mentioned trial de novo. Do you know what that means?

If they made a boo boo and said the wrong thing in the trial court, they don't get to do it over in the appellate court or in the first appeal in the county court where it's trial de novo

You bring up what they said in the first one. The prosecutor's going to object, this is trial de novo

The judge, I need you to sanction that lawyer. He knows this trial de novo only for the purpose of perfecting appeal

court and the appeal will be appeal trial de novo. And what the lawyers will try to tell you is that

that's not even correct either. It's not a fully a do over for you to one. It is trial de novo

an appeal from this case would be trial de novo, however, a word about trial de novo,

And an appeal from an inferior court is trial de novo for the purpose of perfecting your

Now they think it's trial de novo in that it is a do-over, it is no such thing.

were going to do a trial de novo, right, with the next level up, right, so I said I wanted

Okay, okay, but since it's a trial de novo, it's all brand new, they have to have the

we'll do a trial de novo with the county judge, whatever, and had gone in and requested

appeals to the county court trial de novo. Start all over again.

they must have an appeal from a court of record is not trial de novo.

Well, it's not necessarily trial de novo, but they've all been treating it like it is.

I've heard them say that an appeal from our court is trial de novo, so you get a do-over.

Well, that's not what a trial de novo is.

the county court treats it as trial de novo anyway.

Is it trial de novo?

It is trial de novo.

And it's trial de novo, however, the way the appellate court has...

And as they call it trial de novo, however, it's not a new trial.

Most people, when they hear trial de novo, they think a do-over.

And it's only trial de novo for the purpose of perfecting appeal.

call it trial de novo

the merit. Okay, hold on, hold on. Is this trial de novo? Well, in Kansas, this is where I brought

Do they call it trial de novo? Do you have to appeal based on writ of error?

No, no. Okay, then it's trial de novo, and here's something that most people misunderstand about

trial de novo, and the courts want to promote that misunderstanding. They want to say,

because it's trial de novo, it's a do-over. No, it's not a do-over. Everything that was presented

in the original court, you bring to here. They are subject to collateral estoppel. The trial de novo

try to do the trial de novo, we are going to take what every witness said and we're going to use it

you are entitled to trial de novo.

And mind you, on the trial de novo, at that point you can hire a traffic court lawyer.

simply do another form, which is called trial de novo.

The trial de novo, you submit that to the court, make sure you get a file, it's better

trial, since it is essentially an inferior court, do you have trial de novo appeal to

So you asked for a trial de novo, but then it's like, it's just starting.

and I lose at that level, then I get trial de novo to the inferior court.

So do I also get trial de novo from the inferior court to the county court?

So you get two trial de novos.

And that one's trial de novo.

trial de novo and you win at trial de novo, you're going to get your money back.

trial by declaration, then you go and you actually get a trial de novo and have an actual

a trial de novo to the county court in California?

Oh okay, so you only get one trial de novo.

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