De Novo
Literal meaning: “Anew; from the beginning.”
What does the Latin term "De Novo" mean in law?
De novo refers to a standard of review under which an appellate court examines a legal question independently, without giving deference to the lower court's conclusions. When a court reviews an issue de novo, it considers the matter as if the lower court had not rendered a decision. De novo review is the standard applied to questions of law, statutory interpretation, and constitutional questions. It contrasts with more deferential standards such as 'clearly erroneous' (for findings of fact) and 'abuse of discretion' (for procedural rulings). A trial de novo refers to a completely new trial, as if the first trial had not occurred.
Source: Procedure · Legal Latin
Legal Definition
De novo refers to a standard of review under which an appellate court examines a legal question independently, without giving deference to the lower court's conclusions. When a court reviews an issue de novo, it considers the matter as if the lower court had not rendered a decision. De novo review is the standard applied to questions of law, statutory interpretation, and constitutional questions. It contrasts with more deferential standards such as 'clearly erroneous' (for findings of fact) and 'abuse of discretion' (for procedural rulings). A trial de novo refers to a completely new trial, as if the first trial had not occurred.
How It's Used
De novo appears in appellate briefs and opinions to indicate the standard of review being applied. It signals that the reviewing court owes no deference to the lower tribunal. It is also used when a case is retried entirely — for example, after an appeal from a magistrate court to a court of general jurisdiction.
Example Sentences
The court of appeals reviewed the district court's grant of summary judgment de novo, applying the same standard as the trial court.
Questions of statutory interpretation are reviewed de novo on appeal.
After the defendant was found guilty in municipal court, he exercised his right to a trial de novo in the superior court.