"A fact tried by a jury cannot be reexamined in any court in the United States, otherwise than according to the rule of the common law. At common law there were only two modes known to re-examine such facts, namely, the granting of a new trial or the awarding of a venire facias de novo by an appellate court for some error of law which has intervened in the proceeding."
Venire facias de novo
Definition
A writ from a judge summoning a new jury panel because of a problem with the original jury's verdict or return. A venire facias de novo results in a new trial. Sometimes abbreviated as venire de novo.
Illustrative caselaw
See, e.g. Parsons v. Bedford, Breedlove & Robeson, 28 U.S. 433 (1830).
See also
Burns Bros. v. Cook Coal Co., 42 F.2d 109, 111 (3d Cir. 1930).
