Legal Question in Civil Litigation in Missouri
Trial de novo information
A 19 year old male ran a red light, crashing into my vehicle. I won a judgement in small claims court. His insurance co. lawyer filed trial de novo. I will be representing myself again. Will the same evidence I presented be accepted as evidence for this new trial? Should I begin with the judgement as evidence?
2 Answers from Attorneys
Re: Trial de novo information
De Novo means new, and you will be starting from zero in the new case. If the other side has an attorney and you do not, expect an impatient judge as you struggle with the rules of evidence and procedure, as well as the time constraints of presenting your case.
Re: Trial de novo information
A trial de novo is a new trial. You will need to present all your evidence of liability and damages as if you were never in small claims court. Furthermore, the rules of evidence are not often enforced in small claims court. You will now need to follow the rules of evidence. I don't know how you presented you case in small claims court so I can't state if you followed the rules of evidence. In addition, you may also be presenting your case to a jury in which case you will need jury instructions. If the other party has an attorney, I suggest you retain an attorney to represent your interests.
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