venire facias de novo

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Borrowed from Latin venire facias de novo (that you make/cause to come anew), from the opening words of the writ.



venire facias de novo

  1. (law) A judicial writ directing that a new jury be impanelled and that a new trial be held, due to some irregularity (especially a procedural irregularity) arising in the original trial.
    • 1791, George Croke, “Goddard against Hampton”, in Harbottle Grimston; Thomas Leach, editors, Reports of Sir George Croke, Knight, formerly One of the Justices of the Courts of King's-Bench and Common-Pleas, of such Select Cases as were Adjudged in the Said Courts during the Reign of James the First. Collected and Written in French, by Himself; Revised and Published in English by Sir Harbottle Grimston, Baronet, Master of the Rolls. The Fourth Edition, Corrected, with Marginal Notes and References to the Later Reports, and other Books of Authority, by Thomas Leach, Esq. of the Middle Temple, Barrister at Law, volume II, 4th corr. edition, London: Printed for E. and R. Brooke, Bell-Yard, Temple-Bar; and Whieldon and Butterworth, No. 43, Fleet-Street, OCLC 221095548, page 458:
      After verdict, it was moved in arreſt of judgment, that one John Wale was returned upon the venire facias, and upon the diſtringas one John Wats was returned and ſworn. Upon examination it appeared that the juror was named John Wats, and not John Wale.—Wherefore the Court held, that the trial was ill, and the record not amendable. But it was then moved, Whether there might be a venire facias de novo, or that the writ ſhould abate?—And it was reſolved, that venire facias de novo ſhould be awarded; for the fault was only in the trial.
    • 1841, William Tilghman, Chief Judge of the United States Circuit Court for the Third Circuit, “Levy against The Commissioners of Northumberland County”, in Thomas Sergeant; William Rawle, Jun., Reports of Cases Adjudged in the Supreme Court of Pennsylvania, volume X, 2nd rev. and corr. edition, Philadelphia, Pa.: Robert H. Small, Minor Street, OCLC 768073896, pages 292–293:
      I have thought proper to refer this decision, in order that it may be laid before the Court of Common Pleas, when this case shall be tried again. I am of opinion, that the judgment should be reversed, and a venire facias de novo awarded.

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