Define: Venire Facias De Novo

Venire Facias De Novo
Venire Facias De Novo
Quick Summary of Venire Facias De Novo

Venire facias de novo, also known as “venire de novo,” is a legal directive issued by a judge to summon a fresh panel of individuals for jury duty. This is done when there is an issue with the original jury’s verdict, leading to a new trial.

Full Definition Of Venire Facias De Novo

A judge issues a writ to summon a new jury panel in cases where there is an issue with the original jury’s verdict or return. This writ leads to a new trial and is sometimes abbreviated as venire de novo. An example of this can be seen in the case of Parsons v. Bedford, Breedlove & Robeson, 28 U. S. 433 (1830), where a venire facias de novo was issued due to the invalidity of the original jury’s verdict. For instance, if it is discovered that the jury in a criminal trial was biased or received improper information, a venire facias de novo may be issued to summon a new jury panel and conduct a fresh trial. This legal term holds significance as it ensures that the outcome of a trial is fair and just. By summoning a new jury in cases where the original jury is problematic, it guarantees that justice is served.

Venire Facias De Novo FAQ'S

A Venire Facias De Novo is a legal term that refers to a writ issued to summon a new jury when the original jury is unable to reach a verdict.

A Venire Facias De Novo is used when a jury is unable to reach a unanimous verdict in a trial.

Either party in a trial can request a Venire Facias De Novo if the jury is unable to reach a verdict.

If a Venire Facias De Novo is granted, a new jury will be summoned to hear the case and reach a verdict.

The rules for requesting a Venire Facias De Novo vary by jurisdiction, but generally, it must be requested before the original jury is discharged.

Yes, a judge has the discretion to deny a request for a Venire Facias De Novo if there is no legal basis for it.

The purpose of a Venire Facias De Novo is to ensure that a fair and just verdict is reached in a trial by allowing a new jury to consider the evidence and reach a decision.

The decision to grant or deny a Venire Facias De Novo can be appealed, but the standard for overturning such a decision is typically high.

The process for summoning a new jury after a Venire Facias De Novo is granted can vary, but it typically takes several weeks to schedule a new trial.

In some cases, a judge may choose to declare a mistrial instead of granting a Venire Facias De Novo, which would require the case to be retried with a new jury.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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