De Novo Standard of Review Definition
De novo standard of review describes a type of legal appeal where the appeals court looks at the case anew, as if the earlier trial had never occurred. Other standards of appellate review grant deference to the findings of fact and decisions of the lower court. Under de novo review, the case is effectively re-tried in the appellate forum.
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Standards of Review
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Appeals courts in the U.S. legal system generally apply one of three standards of review to decisions from lower courts. The "arbitrary and capricious" or "abuse of discretion" standard is applied when reviewing the decision of an administrative agency. The appeals court will only overturn an agency decision if it was arbitrary and capricious, or if it exceeds the agency's lawful authority. If the appeals court applies the "clearly erroneous standard," it will only overturn the lower decision if it contains plain errors of fact or law. Both these standards are deferential to the lower court decision. The de novo standard affords no deference to the lower court.
Definition
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The phrase "de novo" is a latin term meaning "anew" or "afresh." When appellate courts apply the de novo standard of review, they hear the case all over again, as if it had not previously been tried. The de novo standard of review may be applied to the law of the case, the facts of the case, or both.
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Facts and Law
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In a de novo trial, an appellate court hears the testimony and evidence of the case all over again and makes its own findings of fact without reference to the trial transcript or evidence presented in a lower court. Trials de novo are uncommon due to the time and judicial resources required to try the facts of a case not only once, but more than once. Rules of court procedure only allow trials de novo in narrow circumstances. De novo review of legal matters on appeal, however, is quite common. Appellate courts often hear legal issues de novo, with no deference afforded to the trial court, where the issue may not have gotten full briefing and attention.
Small Claims
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Many state courts systems allow a trial de novo on an appeal from small claims court or traffic court because those lower-level court systems are set up to handle cases in a more consumer-friendly, informal manner. If one of the parties takes an appeal, then a higher court hears the case de novo applying all the formalities and rules of evidence and procedure applicable in a formal court of law.
Administrative Appeals
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Many legal matters, particularly regarding benefits like ERISA insurance benefits or Social Security Disability payments, involve a trial-like hearing before an administrative judge or hearing officer. If the applicant appeals to court, the matter is usually heard de novo, following courtroom procedures.
Missing Trial Record
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Occasionally the record from a trial court is lost due to clerical or mechanical error in failing to record the proceeding, an unforeseen event like a fire in the court records, or some other disaster or malfeasance. Most state's procedural rules require the parties and the trial court clerk to attempt to reconstruct a summary of the record or part of the record which is missing. But when the record of an important factual hearing or portion of a trial can not be reconstructed, state or federal appellate courts may choose to conduct a de novo trial or hearing.
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