Legal Definitions - de novo

The term de novo is a Latin phrase meaning "anew," "from the beginning," or "afresh." In a legal context, when a court hears a case or reviews an issue de novo, it means the court is making its own independent decision without being bound by or deferring to the legal conclusions or assumptions made by a previous court or administrative body that heard the matter.

While a court conducting a de novo review might look at the record of the prior proceedings to understand the facts, it will apply the law and make its own findings and conclusions as if it were the first time the issue was being considered. This ensures a fresh, independent look at the legal questions involved.

Here are some examples illustrating how de novo applies:

• Appellate Review of Legal Questions:

  Imagine a trial court ruled that a specific clause in a contract was ambiguous, meaning its meaning was unclear, and therefore interpreted it in a particular way. If the losing party appeals, the appellate court might review the trial court's interpretation of that contract clause de novo. This means the appellate court will independently examine the contract language and decide for itself whether the clause is ambiguous and what it means, without giving special deference to the trial court's legal interpretation.

  This illustrates de novo because the appellate court is not just checking for obvious errors; it's making its own fresh legal determination on the contract's meaning, as if it were the first court to interpret it.

• Review of Administrative Decisions:

  Suppose a state environmental agency issued a permit for a new factory, interpreting a complex environmental regulation in a specific way. A local community group believes the agency misinterpreted the regulation and appeals the decision to a state court. The court might review the agency's interpretation of the environmental regulation de novo. This means the court will independently decide what the regulation actually requires, rather than simply accepting the agency's interpretation as correct.

  This demonstrates de novo because the court is not merely reviewing if the agency followed proper procedures; it is taking a fresh look at the legal meaning of the regulation itself, making its own legal judgment.

• Trial Following Arbitration or Small Claims Court:

  Consider a dispute between a landlord and a tenant that was initially resolved through mandatory arbitration, where an arbitrator made a decision. If one party has a right to a "trial de novo" in a civil court following the arbitration, it means the court will hear the entire case again from the beginning. The court will allow both sides to present all their evidence and arguments, and it will make its own independent findings of fact and conclusions of law, completely disregarding the arbitrator's previous decision.

  This is an example of a full trial de novo, where the court literally starts "from the beginning," re-hearing all aspects of the case as if no prior decision had been made.