De novo literally means from the new. In appellate practice it describes review of legal questions without deference to the trial court's conclusion. It also describes trial de novo, a fresh trial after an administrative or arbitration decision.
The reviewing body decides the matter independently rather than assessing whether the earlier decision was reasonable.
Alternative Names:
Anew, From the Beginning
Why it Matters?
The term appears in two distinct contexts that should not be confused. De novo appellate review governs legal questions and is what makes summary judgment appeals viable. Trial de novo is a procedural right in some systems to a completely fresh proceeding after a non-binding arbitration or administrative determination, which affects whether those earlier proceedings are worth contesting seriously.
Frequently Confused with
Related terms
Frequently asked questions
What does de novo mean in appellate practice?
What is trial de novo?
