New trial

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A new trial or retrial is a recurrence of a court case. Depending on the rules of the jurisdiction, a new trial may occur if:

  • a jury is unable to reach a verdict (see hung jury);
  • a trial court grants a party's motion for a new trial, usually on the grounds of a legal defect in the original trial; or
  • an appellate court reverses a judgment under circumstances requiring that the case be tried again.

In some types of cases (for example, if the original trial court was not a court of record) or in some legal systems, if the losing party to a case appeals, then the appellate court itself will hold a new trial, known as a trial de novo.

In the United States, if a defendant is acquitted of a crime, the Fifth Amendment generally prohibits a retrial; thus, with few exceptions,[1][2] a retrial only can occur if the verdict in the first trial was "guilty," or if there was no verdict. In other legal systems, the rules may be different.

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