Rule 37.73 Trial De Novo - Transmittal of Record

When someone asks for a new trial (called a trial de novo) after a case has already been decided, the court clerk has to send the official case record to the clerk who handles these new trials. This has to happen within 15 days after the clerk receives the request.

If the clerk misses this deadline or forgets to send the record, it does not hurt the person's right to get a new trial. The case can still move forward even if there was a delay or mistake on the clerk's part. In short, this rule protects the defendant from losing their chance at a new trial just because of an administrative error that was not their fault.