De novo is a Latin term that means "anew," "from the beginning," or "afresh." When acourthears a case“de novo,” it is deciding the issues without reference to any legalconclusionor assumptionmade by the previouscourtto hear the case.Anappellate courthearing a case“de novo” mayrefer to thelower court’srecordto determine thefacts, but will rule on theevidenceand matters of law without deferringto that court’sfindings. Atrial courtmay also hear acase“de novo” following theappealof an arbitrationdecision.
De novo reviewoccurs when acourtdecides an issue without deference to a previouscourt's decision.Trial de novooccurs when acourtdecides all issues in acase, as if thecasewas being heard for the first time.
Trials de novo are not common due to the time and judicial resources required to try the facts of a case more than once. However, de novo review of legal matters on appeal is quite common.
[Last updated in August of 2022 by the Wex Definitions Team]
