Rule 37.71 Trial De Novo - Right - Time

If you lose your case and want a completely new trial in front of a different court, you can ask for what's called a "trial de novo." This rule explains the basic requirements for making that request.

You have to file your application on time, following the deadlines set by law. No judge has the power to give you extra time to file this request, even if you have a good reason for being late. This means you need to act quickly after your case ends if you want to pursue this option.

There's also an important catch: if you start paying your fine or court costs, you generally give up your right to ask for a new trial. Once you pay any part of what you owe, the court will not grant your request for a trial de novo. The one exception is if your sentence was originally suspended and you paid costs after that happened. In that situation, paying costs does not block your right to ask for a new trial. The lesson here is to decide quickly whether you want a new trial before making any payments toward your fine or costs.