new trial on appeal

new trial on appeal
A new trial or trial de novo with limitations. The normal review on appeal or by error proceeding is confined to consideration of the record below, with no new testimony taken or issues raised in the appellate court, the tendency being to limit appellate courts of final jurisdiction in their consideration of questions of facts. 4 Am J2d A & E § 1. The nearest approach to a complete trial de novo on appeal is in an appeal or error proceeding taken from a decree in equity, where the appellate court can make independent findings of fact, drawing its own conclusions from the evidence, but even in this instance the review is limited to a consideration of the record made in the lower court. 5 Am J2d A &E§703.

Ballentine's law dictionary. . 1998.

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