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new trial (retrial)

A second trial of a case ordered by an appellate court. In civil cases the Court of Appeal may order a new trial on grounds including misconduct by the judge (such as a serious misdirection), serious procedural irregularity, or (in rare cases) because fresh evidence has come to light. In criminal cases new trials are rarely ordered and then only if the appeal has been based upon the admission of fresh evidence. See also *venire de novo.

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