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17 mar 2017 · A trial de novo is a new trial, usually ordered by an appellate court, to be heard by a different court or judge. In a trial de novo, all of the facts and issues are heard and reviewed as if for the very first time, with no consideration given to any issues decided or assumed in the previous trial.
De novo review refers to the appellate court's authority to review the trial court's conclusions on questions of the application, interpretation, and construction of law. Generally, the proper standard of review for employee benefit decisions, such as the denial of benefit claims, is de novo.
4 sty 2023 · In short, a de novo appeal is an appeal of a lower court’s rendered judgment, where the appellate court utilizes all of the records from the trial court, but they still review the laws and evidence without considering the ruling made by the lower court.
An appellate court hearing a case “de novo” may refer to the lower court’s record to determine the facts, but will rule on the evidence and matters of law without deferring to that court’s findings. A trial court may also hear a case “de novo” following the appeal of an arbitration decision.
A Trial de Novo offers a vital opportunity for a new and impartial hearing of a case upon appeal from a non-record court or following an arbitration award. Understanding its purpose, process, and significance can help parties navigate the judicial system effectively and seek fair resolution.
You can request a trial de novo after a decision has been made in a lower court, usually in small claims or administrative cases. If you believe the original decision was unfair or incorrect, you can appeal for a new trial in a higher court.
An appellate court uses the de novo standard of review when reviewing a lower court's conclusions of law (see, for example, Chevron Corp. v. Naranjo, 667 F.3d 232, 239 (2d Cir. 2012)).
