Under de novo review the appellate court decides the issue independently, as though considering it for the first time. It applies to questions of law including statutory interpretation, contract construction where language is unambiguous, and summary judgment rulings.
It does not extend to factual findings or credibility determinations.
Alternative Names:
De Novo Standard, Plenary Review
Why it Matters?
This is the standard that makes appeals winnable, which is why appellants work to characterize issues as legal rather than factual and appellees do the reverse. Summary judgment and Rule 12 dismissals both receive de novo review, making them the most productive rulings to appeal. Contract interpretation is similarly favorable where the appellant can establish the language was unambiguous.
Frequently Confused with
Related terms
Frequently asked questions
What rulings receive de novo review?
Why does characterization matter?
