De novo is a Latin term that translates to "anew" or "from the beginning." In legal contexts, it refers to a process that is restarted as if no prior proceedings had occurred. For instance, in arbitration de novo, a new arbitration is conducted without considering any previous arbitration results. Similarly, a trial de novo means that a new trial is held, disregarding the outcomes of any earlier trials.
De novo is commonly used in various legal areas, including:
Users can manage some de novo processes themselves by utilizing legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Here are a couple of examples of de novo applications:
Examples of state differences (not exhaustive):
| State | De Novo Application |
|---|---|
| California | Allows de novo trials in civil cases upon request. |
| Texas | Permits de novo appeals from arbitration awards under certain conditions. |
| Florida | Provides for de novo review in administrative hearings. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Trial de novo | A new trial that disregards previous trial outcomes. | Specifically refers to trials, while de novo can apply to other legal processes. |
| Appeal | A request to a higher court to review a lower court's decision. | Appeals review previous decisions, whereas de novo starts fresh. |
If you find yourself needing to initiate a de novo process, consider the following steps:
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