i>-Lat: to come; refers to the common law process by which jurors are summoned to try a case. 46 A. 2d 921, 923.
venire de novo (d¯a n¯o9-v¯o) to come anew; refers to the summoning of a second jury for the purpose of proceeding to a second trial. Such a second trial is awarded where a verdict [by the jury] or finding [by the court] "is so defective, uncertain, or ambiguous upon its face that no judgment can be rendered upon it." 41 N.E. 383, 386. At early common law, the writ of venire de novo (or venire facias de novo, which was the more proper term), issued only in response to a jury's verdict, id., and only where the defect appeared on the face of the record rather than at some place extrinsic to it, 27 N.E. 448; but these technical limitations have been incorporated into the more modern procedure of granting a new trial, which serves the purpose of the old venire de novo. See, e.g., Fed. R. Civ. Proc. 59. The term, when used, generally denotes a new trial. See 171 N.E. 585.