A de novo appeal is a type of appeal where the appellate court reviews the case from the beginning, using the trial court's record but without deferring to the trial court's decisions. The term "de novo" means "anew" or "afresh" in Latin. This standard of review allows the appellate court to reassess both the evidence and the legal arguments presented, effectively substituting its judgment for that of the trial court.
De novo appeals are primarily seen in civil and administrative law contexts. They are less common in criminal cases. This type of appeal is often used when legal issues have not been thoroughly addressed or when there is a need for a fresh evaluation of the facts. Users may find that legal templates from US Legal Forms can assist them in preparing for a de novo appeal.
Here are a couple of examples of abatement:
Example 1: A business disputes a regulatory decision made by a state agency. The business files a de novo appeal in court, seeking a fresh review of the evidence and legal standards applied by the agency.
Example 2: A family law case where a judge's decision regarding child custody is appealed. The appellate court reviews the case de novo, considering all evidence and arguments anew to determine the best interests of the child.
| State | De Novo Appeal Characteristics |
|---|---|
| California | Commonly used in civil appeals, especially in family law cases. |
| Texas | De novo appeals are often applied in cases involving administrative decisions. |
| New York | Less common in criminal cases, but used in civil matters. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Standard of Review | The level of deference an appellate court gives to a lower court's decision. | De novo appeals apply no deference, while other standards may allow some. |
| Appeal | A request for a higher court to review a lower court's decision. | De novo is a specific type of appeal focusing on a fresh review. |
If you believe a de novo appeal is necessary in your case, consider the following steps:
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De novo means "anew" or "from the beginning," indicating a fresh review of a case.